Group B, LLC v. City of Corvallis
Under ORS 197.307(4), 鈥渁 local government may adopt and apply only clear and objective standards, conditions and procedures regulating the development of needed housing on buildable land鈥 and where a local government must interpret a provision of a land use regulation such a land use regulation is not clear and objective unless the local government proves otherwise.
Area(s) of Law:- Land Use
Lenahan v. Wallowa County
Subsection (3)(a) of section 11 of Measure 49 provides that a new lot or parcel on resource land may not exceed two acres if the lot or parcel is located on high-value farmland, and, pursuant to ORS 195.318(1), a determination by a public entity under sections 5 to 11 of Measure 49 is not a 鈥渓and use decision鈥 as defined in ORS 197.015(1)(a)(A).
Area(s) of Law:- Land Use
Central Oregon Landwatch v. Deschutes County
Under OAR 660-023-0180(5)(a), a petitioner must establish that 鈥渇actual information indicates significant potential conflicts鈥 with agricultural practices such that the 1,500 foot impact area under the rule should be enlarged.
Area(s) of Law:- Land Use
Central Oregon Landwatch v. Deschutes County
ORS 215.283(2)(c) demonstrates that the adjective 鈥減rivate鈥 is intended to distinguish privately-owned and managed recreational lands from publicly-owned and managed recreational lands, rather than pertaining to the exclusion of the public in general.
Area(s) of Law:- Land Use
Graser-Lindsey v. City of Oregon City
Under Oregon City Comprehensive Plan Policy 14.3.4, the entity responsible for a new development must bear the cost of providing new public services and improvements to existing public services resulting from the new development to the maximum extent allowed under state law for Systems Development Charges.
Area(s) of Law:- Municipal Law
Devin Oil Co. v. Morrow County
A petitioner is 鈥渁dversely affected鈥 when a local land use decision impinges upon the petitioner鈥檚 use and enjoyment of his or her property, or otherwise detracts from interests personal to the petitioner (adverse affects may include noise, odors, increased traffic, and potential flooding).
Area(s) of Law:- Land Use