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Oregon Land Use Board of Appeals

Opinions Filed in July 2018

Friends of Douglas County v. Douglas County

A decision approving a boundary line adjustment to a parcel under applicable standards does not 鈥渃ollaterally attack鈥 the decisions that created the parcel under different standards, even if the adjusted parcel would not comply with those different standards.

Area(s) of Law:
  • Land Use

McAndrew v. Washington County

In order to bring assignments of error to LUBA, petitioners must raise their issues during the initial proceedings, otherwise, they are waived, under ORS 197.835(3) and ORS 197.763(1).

Area(s) of Law:
  • Land Use

City of Albany v. Linn County

OAR 661-010-0071(1)(c) states that LUBA shall reverse a land use decision where the decision 鈥渧iolates a provision of applicable law and is prohibited as a matter of law.鈥 LLC 938.340(B) allows for variances which are 鈥渃onsistent with the city鈥檚 comprehensive plan,鈥 LUBA found that this variance was not and it was, therefore, 鈥減rohibited as a matter of law.鈥

Area(s) of Law:
  • Land Use

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