Justia Zoning, Planning & Land Use Opinion Summaries

Articles Posted in Oregon Supreme Court
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Petitioners, Northeast Coalition of Neighborhoods and Coalition for a Livable Future, sought direct review under Oregon Laws 1996, chapter 12, of a decision by the Land Use Board of Appeals (LUBA) that affirmed in relevant part a land use final order by Respondent METRO. The land use final order at issue concerned the Columbia River Crossing Project, which (among other things) would extend a light rail line from Oregon to Washington. Petitioners contended Metro either exceeded its statutory authority in adopting the order or that its decisions in the order were not supported by substantial evidence. Respondents Metro and Tri-County Metropolitan Transit District of Oregon (TriMet) opposed the petition. Finding that Petitioners failed to show that METRO either exceeded its statutory authority or made a decision about the highway improvements that was not supported by substantial evidence on the whole record, the Supreme Court affirmed. View "Weber Coastal Bells v. METRO" on Justia Law

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The question before the Supreme Court in this case was whether a landowner holding a "Measure 37" waiver had a common law vested right to construct a residential subdivision that he had begun but not completed by the effective date of "Measure 49." Yamhill County found that the costs that the landowner had incurred were sufficient to establish a vested right to complete construction of the subdivision, and the circuit court upheld the county's decision on a writ of review. The Court of Appeals reversed the circuit court's judgment and remanded the case for further proceedings. The Court of Appeals started from the proposition that, in the context of Measure 49, a common law vested right turns primarily on the ratio between the costs that a landowner has incurred and the projected cost of the development. It reversed because the county had given too little weight to that factor. The Supreme Court allowed the landowner's petition for review to clarify the standard for determining when, in the context of Measure 49, a common law right to complete a development will vest. The Court then affirmed the Court of Appeals decision, although for different reasons than those stated in the Court of Appeals opinion.