Egge v. Lane County

A decision to determine a violation of a permit condition is not a “land use decision” and thus not subject to LUBA’s jurisdiction.

Egge owns a gravel mine on two lots. As the land was being rezoned, he applied for a discretionary permit to operate the mine. Attached to the permit was a condition that “[n]o truck traffic shall use McKenzie View Drive east of Egge Road.” After complaints he was issued a warning and later a fine following continued use. Egge appealed to the county hearings officer, and after a hearing the fine was set at $990 daily. He then appealed to LUBA. In its response, the county disputed Egge’s assignment of error, but also argued that the hearings officer’s decision was not a “land use decision” and thus LUBA lacked jurisdiction. The Board concluded that the violated condition was not a land use regulation; the decision was only to determine whether the condition of a permit had been violated, and thus LUBA lacked the jurisdiction to review. The Board then granted a contingent motion of Egge’s to transfer the appeal to circuit court. TRANSFERRED.