Botts Marsh LLC v. City of Wheeler
During the design review stage of an application, a local government’s interpretation of its design criteria must be shown to be supported by the text, context, and purpose of the standards used in the ordinance.
Area(s) of Law:- Land Use
Landwatch Lane County v. Lane County
Where a local government determines, pursuant to ORS 197.307(4), that it could only apply clear and objective standards to an application for a relative farm help dwelling on EFU property and located outside the UGB, LUBA will remand.
Area(s) of Law:- Land Use
Jacobus v. Klamath County
Under OAR 661-010-0015(3)(f)(B), a party filing a notice of intent to appeal (NITA) with LUBA must include the name of the local government’s counsel.
Area(s) of Law:- Land Use
Tylka v. Clackamas County
Where the Hearings Officer sufficiently identified the relevant standards and criteria, stated the relied upon facts, and explained the justification for the land use decision, LUBA will find that the local government applied the necessary subjective provisions to justify their land use decision as to a property setback requirement under ZDO 704.04(A). In the absence of any challenge to the officer’s application of ZDO 704.04(A), petitioner’s argument will not provide a sufficient basis for reversal or remand.
Area(s) of Law:- Land Use