Autumn Mills

Land Use Board of Appeals (5 summaries)

Landwatch Lane County v. Lane County

Under ORS 214.213(1)(q), for a dwelling to be replaced when the former dwelling has not been taxed as a dwelling for five years, the only way to satisfy Section 2(2)(b) of 2013 Act is to establish that the dwelling was destroyed within the five year period or was improperly removed from the tax rolls, pursuant to Section 2(3) of the 2013 Act.

Area(s) of Law:
  • Land Use

Central Oregon Landwatch v. Deschutes County

Under ORS 197.015(10)(b)(A), a land use decision includes a decision of a local government that is made under land use standards that do not require interpretation or the exercise of policy or legal judgment. DCC 4.12.030 is a general code and is not part of the county’s zoning ordinance or “land use standard” within the meaning of ORS 197.015(10)(b)(A).

Area(s) of Law:
  • Land Use

Willamette Oaks LLC v. City of Eugene

Under ORS 197.835, LUBA will remand a decision that improperly construes a PUD condition of approval; this means the decision was not consistent with the text, context and apparent purpose of the PUD condition of approval.

Area(s) of Law:
  • Land Use

Morgan v. Jackson County

Under ORS 215.130(5), for a structure or land use to be “lawful,” an applicant must be in compliance with federal, state or local regulations or licensing requirements that apply to some aspect of the land use or structure that are integrally related to the zoning or land use regulation requirements.

Area(s) of Law:
  • Land Use

McLaughlin v. Douglas County

Under OAR 660-033-0140(3), an appeal of a decision to grant a one-year extension for a conditional use permit for a gas pipeline is not a land use decision recognized by ORS 197.015.

Area(s) of Law:
  • Municipal Law