Spencer Karel

Land Use Board of Appeals (3 summaries)

The Flight Shop Inc. v. Deschutes County

Under Deschutes County Code 18.76, the Airport Master Plan, and the Airport Development Zone regulations, “Fuel Storage” is an outright permitted use without any approval criteria, and is not considered a “facility” under Chapter 5, Subchapter 5.6, Goal 16, Policy 16.2(h) of the county’s transportation system.

Area(s) of Law:
  • Municipal Law

Pioneer Asphalt Inc. v. Umatilla County

Under OAR 660-023-0180(5)(g), the term “currently approved” can be supported by substantial evidence that the operator held a conditional use permit issued by the county, and the operator is in good standing with the conditions placed on the permit.

Area(s) of Law:
  • Land Use

Early v. Jackson County

A county hearing officer’s determination that requires no interpretation of law, exercise of policy or legal judgment, is not a “land use decision” when the decision merely posits that a particular use of a property is not permitted in that particular zone, and therefore LUBA does not have jurisdiction over such a case.

Area(s) of Law:
  • Appellate Procedure