Carkulis v. Lincoln County
Under ORS 197.835(9)(a)(B), in order to establish a procedural error, the petitioner must identify the procedure allegedly violated.
Area(s) of Law:- Land Use
Currie v. Douglas County Board of Commissioners
Under ORS 197.835(9)(a)(C), county decisions must be supported by substantial evidence, which is evidence a reasonable person would rely on to make a decision, considering the whole record.
Area(s) of Law:- Land Use
Gillette v. Lincoln County
Resolution of vested rights claims, even if submitted in a form or manner different from that required by the county, involves the “discretionary approval of a proposed development of land” and is therefore a “permit” decision under ORS 215.402, requiring notice and an evidentiary hearing or an opportunity to appeal decisions to a de novo evidentiary hearing before a different review body.
Area(s) of Law:- Land Use
Gould v. Deschutes County
Under DCC 18.113.070(D), the public is entitled to a hearing on whether a mitigation plan will result in no net loss or degradation of fish and wildlife resources.
Area(s) of Law:- Land Use
City of Albany v. Linn County
Under LCC 930.700(E), the county must obtain city approval when an interchange in density occurs by any means, not just when the subject property’s zoning is changed through a zoning map amendment or when the density allowed in the zone is changed through a text amendment to the LCC.
Area(s) of Law:- Land Use
Kamps-Hughes v. City of Eugene
For purposes of ORS 197.312(5), the requirement that an accessory dwelling unit be residential depends neither on the identity of the residents nor their legal estate with respect to the dwelling, nor does the requirement that an accessory dwelling unit be “used in connection with” a single-family dwelling mean that the use of the former must be incidental or subordinate to that of the latter.
Area(s) of Law:- Land Use
McCaffree v. Coos County
Where a party has the opportunity to object to a procedural error before the local government during a legislative proceeding, but fails to do so, that error cannot constitute grounds for reversal or remand of the resulting decision. This obligation exists independently of the “raise it or waive it” requirement of ORS 197.763(1), which does not apply to legislative proceedings.
Area(s) of Law:- Land Use