- Court: Oregon Court of Appeals
- Area(s) of Law: Land Use
- Date Filed: 03-30-2022
- Case #: A177262
- Judge(s)/Court Below: James, P.J.; Lagesen, C.J.; & Kamins, J. for the Court.
- Full Text Opinion
Petitioner appealed an order from the Land Use Board of Appeals that affirmed Marion County's approval of a third-party's application for comprehensive and zoning map amendments that allowed airport-related development. Petitioner assigned error to LUBA's affirming of Marion County's determination that the proposal qualified as an expansion of a public airport under OAR 660-012-0065(3)(n) and was therefore consistent with Goals 3, 4, 11, and 14 without an exception under OAR 660-012-0065(1). On appeal, Petitioner argued that the airport boundaries were frozen under ORS 836.605(2) and could not be expanded. In response, Marion County argued that all land adjacent to an airport runway can be part of the "public use airport" regardless of the airport's actual boundaries. The statutory definition of "airports" does not include the land adjacent to runways. ORS 836.605(2). The Court held that the proposal would expand the boundaries of the airport and therefore required an exception under OAR 660-012-0065(1). Reversed and remanded.