LandWatch Appeals

Click on the links to the right to review appeals by LandWatch Lane County.

LUBA No. 2019-044
LandWatch Lane County v. Lane County (and Duane & Tonya Doughty)

Petitioner challenges a board of county commissioners’ approval of a replacement dwelling in an exclusive farm use zone. (read more…)

LUBA No. 2019-024
LandWatch Lane County v. Lane County (and Jim Belknap)

Petitioner appeals Ordinance No. 18-08, which amends several provisions of the county’s zoning code. (read more…)

LUBA No. 2019-048
LandWatch Lane County v. Lane County (and Larry Martinez)

Petitioner appeals a board of county commissioners’ decision amending the comprehensive plan designation of a 54-acre property from Forest Land to Marginal Land and changing the property’s zoning from Impacted Forest Lands (F-2) to Marginal Land (ML). (read more…)

LUBA No. 2018-134
LandWatch Lane County v. Lane County (and Norman McDougal)

Petitioner appeals a decision by the county approving a partition of land zoned Non-Impact Forest (F-1). (read more…)

Oregon Supreme Court No. S065917
Oregon Court of Appeals No. A166333
LUBA No. 2017-056
LandWatch Lane County v. Lane County (and Kay King)

Landowner received county approval to replace certain dwellings on exclusive farm use-zoned land under Oregon Laws 2013, chapter 462, section 2. LandWatch appealed that decision to the Land Use Board of Appeals, which held that that statute did not apply to landowner’s buildings because landowner had demolished them more than five years before she applied for the permits. Landowner obtained judicial review in the Court of Appeals, and the Court of Appeals reversed. Held: (1) Oregon Laws 2013, chapter 462, section 2(2) does not authorize replacement dwelling permits for dwelling that were destroyed or demolished more than five years before the permit application was filed; (2) landowner cannot obtain replacement permits under that subsection. The decision of the Court of Appeals is reversed. The final order of the Land Use Board of Appeals is affirmed, and the case is remanded to the Board for further proceedings. (read more…)

LUBA No. 2018-077
LandWatch Lane County v. Lane County (and Diane Kasle)

Petitioner appeals a decision by the hearings officer approving a forest template dwelling. (read more…)

LUBA No. 2018-093
LandWatch Lane County v. Lane County (and ATR Services)

Petitioner appeals a county ordinance that adopts text amendments to county code provisions governing land use applications and appeals. (read more…)

LUBA No. 2018-078
LandWatch Lane County v. Lane County

Petitioner appeals a county decision approving a forest template dwelling on land zoned impacted forest lands. (read more…)

LUBA No. 2018-046
LandWatch Lane County v. Lane County (and David Ziegler)

Petitioner appeals a hearings officer’s decision approving an art studio as an accessory structure to an existing dwelling on land zoned for forest uses. (read more…)

LUBA No. 2018-013
LandWatch Lane County v. Lane County (and McDougal Brothers Investments)

Petitioner appeals a hearings officer’s decision verifying four parcels as legal lots. (read more…)

LUBA No. 2017-125
LandWatch Lane County v. Lane County (and Amy & Trevor Harwood)

Petitioner appeals a county board of commissioners’ decision approving a forest template dwelling and issuing final notice of a legal lot verification. (read more…)

LUBA No. 2017-115
LandWatch Lane County v. Lane County (and Weyerhaeuser Company)

Petitioner appeals a decision by the board of county commissioners concluding that an applicant has a vested right to construct a girls’ dormitory building at an existing school that is a nonconforming use. (read more…)

LUBA No. 2017-114
LandWatch Lane County v. Lane County (and Bill Sproul)

Petitioner appeals a decision by the board of county commisssioners approving an application to amend the county’s comprehensive plan to redesignate propert from Forest to Natural Resource: Mineral, and rezone it from Nonimpacted Forest Land to Quarry and Mine Operations. (read more…)

Oregon Court of Appeals No. A166333
LUBA No. 2017-056
LandWatch Lane County v. Lane County (and Kay King)

Petitioner seeks judicial review of a final order of the Land Use Board of Appeals (LUBA), which reversed a decision by Lane County to issue three replacement-dwelling permits for former dwellings sited on land zoned for exclusive farm use. The county issued the permits pursuant to Oregon Laws 2013, chapter 462, section 2(b) (the 2013 Act), which allows the permitting authority to issue replacement-dwelling permits only if it finds that the former dwelling was taxed as a dwelling “for the lesser of” (A) the previous five property tax years “unless the value of the dwelling was eliminated as a result of the destruction, or demolition in the case of restoration, of the dwelling” or (B) the time when the dwelling was built “unless the value of the dwelling was eliminated as a result of the destruction, or demolition in the case of restoration, of the dwelling.” Petitioner assigns error to LUBA’s conclusion that the former dwellings, which were demolished in 1997, did not qualify for replacement-dwelling permits under the 2013 Act because they had not been taxed as dwellings in any of the five years preceding the permit applications. Held: LUBA’s order was unlawful in substance because its construction of the 2013 Act was in error. The two “unless” phrases in subparagraphs (2)(b)(A) and (B) of the 2013 Act had the effect of exempting destroyed or demolished buildings from the “lesser of” taxation requirement that otherwise applied. (read more…)

Oregon Court of Appeals No. A159121
LandWatch Lane County v. Land Conservation & Development Commission

This case concerns whether the Land Conservation and Development Commission (LCDC) erred in determining that there was not “good cause to proceed” to an enforcement hearing that petitioner had demanded against Lane County. See ORS 197.324(2)(b). The question on review is whether petitioner presented evidence of a “pattern of decision making” sufficient to obligate the commission to determine that there was “good cause to proceed” to an enforcement hearing. See OAR 660-045-0020(9), (10). Held: LCDC’s order was not unlawful in substance and was supported by substantial evidence in the whole record. (read more…)

LUBA No. 2017-077
LandWatch Lane County v. Lane County (and McDougal Foundation, Inc.)

Petitioner appeals a decision by the board of county commissioners concluding that an applicant has a vested right to construct a girls’ dormitory building at an existing school that is a nonconforming use. (read more…)

LUBA No. 2017-056
LandWatch Lane County v. Lane County (and Kay King)

Petitioner appeals a decision by the county approving applications for three replacement dwellings on land zoned exclusively farm use. (read more…)

LUBA No. 2017-043
LandWatch Lane County v. Lane County (re Oak Hill School)

Petitioner appeals a county decision that approves Oak Hill School’s request for approval to expand two existing school buildings. (read more…)

LUBA No. 2016-124
LandWatch Lane County v. Lane County (and Alison & Charles Farver)

Petitioner appeals a county board of commissioners’ order affirming and adopting a hearings official decision that verified four parcels as legal lots. (read more…)

LUBA No. 2016-106
LandWatch Lane County v. Lane County (and Jeannie Marr)

Petitioner appeals a county governing body’s decision approving a zone change from F-1 (Non-Impacted Forestland) to F-2 (Impacted Forestland). (read more…)

LUBA No. 2016-115
LandWatch Lane County v. Lane County (and Julius & Justine Benedick)

Petitioner appeals a board of county commissioners’ decision amending the comprehensive plan designation of a 110.5-acre property from Agricultural to Marginal Land, and rezoning the property from Exclusive Farm Use (E-40) to Marginal Land. (read more…)

LUBA No. 2016-082
LandWatch Lane County v. Lane County (and Terry & Linda Sayre)

Petitioner appeals a decision by the county approving a forest template dwelling. (read more…)

LUBA No. 2016-038
LandWatch Lane County v. Lane County (and McDougal Foundation Inc.)

Petitioner appeals a board of county commissioners’ decision concluding that a 2005 permit approving three buildings for a school has not expired. (read more…)

LUBA No. 2016-003/004
LandWatch Lane County and Lee D. Kersten v. Lane County and City of Coburg (and Interstate Properties Inc.)

Petitioners appeal two county ordinances that amend a county rural comprehensive plan and co-adopt city comprehensive plan amendments to the city’s transportation system plan and urban growth boundary. (read more…)

LUBA No. 2016-019
LandWatch Lane County v. Lane County (and Jordan Iverson and Margaret Iverson)

Petitioner appeals a county decision that approves a comprehensive plan map amendment to redesignate land from Agricultural to Marginal Land, and rezone that land from Exclusive Farm Use (E-40) to Marginal Land with Site Review (ML/SR). (read more…)

LUBA No. 2015-007
LandWatch Lane County v. Lane County

The parties request that the decision challenged in this appeal be remanded. Accordingly, the decision is remanded. The parties further stipulate that the petitioner is the prevailing party in this appeal. Petitioner is awarded the cost of the filing fee, in the amount of $200, to be paid by respondent. The Board shall return petitioner’s $200 deposit for costs. (read more…)

LUBA No. 2014-070
LandWatch Lane County and Robert Emmons v. Lane County (and Travis Bamford)

Petitioners appeal a county decision approving intervenor’s application for special use permit approval for a nonfarm dwelling on land zoned Exclusive Farm Use (EFU). (read more…)

LUBA No. 2013-058
LandWatch Lane County v. Lane County (re Goshen)

Petitioner appeals a county ordinance taking a reasons exception to Statewide Planning Goal 14 (Urbanization) to allow urban levels of industrial development on existing rural industrials lands in the unincorporated community of Goshen. (read more…)

LCDC
Lane County Citizen-Initiated Request for Enforcement

The commission will consider a request by LandWatch Lane County for an enforcement order under ORS 197.319 to 197.335 requiring Lane County to comply with statutory and zoning ordinance deadlines for making land use decisions. Testimony will be limited to the petitioner and the county. (read more…)