ZONING - OREGON

Barkers Five, LLC v. Land Conservation and Development Com'n

Court of Appeals of Oregon - February 20, 2014 - P.3d - 2014 WL 662329

Petitioners sought review of order of the Land Conservation and Development Commission (LCDC), acknowledging metropolitan service district’s and counties’ designation of urban and rural reserves.

The Court of Appeals held that:

Evidence that transportation facilities serving a certain area would be failing within the reserve period was “so at odds” with determination of the LCDC that the designation of the area as urban reserves was supported by substantial evidence that it gave rise to an inference that LCDC misunderstood its standard of review, and thus LCDC’s order was unlawful in substance.  Provision of adequate transportation facilities is critical to the development of urban areas, and LCDC failed to provide a meaningful explanation as to why, even in light of that conflicting evidence, the designation was supported by substantial evidence.



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