Oregon Land Use Board of Appeals

Opinions Filed in May 2023

Manchester Solar v. Yamhill County

Where an extension of a conditional use permit expires and applicable criteria to the original application changes before a request for another extension is made, LUBA will affirm a county’s denial of the request for an extension.

Area(s) of Law:
  • Land Use

Icon Construction and Development v. City of Oregon City

Where a local government does not apply clear and objective standards to an application that includes a needed housing argument under ORS 197.307(4), LUBA will remand the matter.

Area(s) of Law:
  • Land Use

Rogue Advocates v. City of Ashland

Where the express language of a local government’s code states that an application must satisfy certain criteria to be approved, the local government must either find the application fully satisfies those criteria, or the local government must show how those criteria will be satisfied later in the development process in order to approve the application.

Area(s) of Law:
  • Land Use

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