Land Use Board of Appeals (3 summaries)
The Flight Shop Inc. v. Deschutes County
Under Deschutes County Code 18.76, the Airport Master Plan, and the Airport Development Zone regulations, 鈥淔uel Storage鈥 is an outright permitted use without any approval criteria, and is not considered a 鈥渇acility鈥 under Chapter 5, Subchapter 5.6, Goal 16, Policy 16.2(h) of the county鈥檚 transportation system.
Area(s) of Law:- Municipal Law
Pioneer Asphalt Inc. v. Umatilla County
Under OAR 660-023-0180(5)(g), the term 鈥渃urrently approved鈥 can be supported by substantial evidence that the operator held a conditional use permit issued by the county, and the operator is in good standing with the conditions placed on the permit.
Area(s) of Law:- Land Use
Early v. Jackson County
A county hearing officer鈥檚 determination that requires no interpretation of law, exercise of policy or legal judgment, is not a 鈥渓and use decision鈥 when the decision merely posits that a particular use of a property is not permitted in that particular zone, and therefore LUBA does not have jurisdiction over such a case.
Area(s) of Law:- Appellate Procedure