Fisher v. Colwell

Petitioners appeal a decision of the Land Use Board of Appeals (LUBA), which reversed an order of the Portland City Council granting petitioners a revocable permit to maintain a business on their property contrary to applicable zoning ordinances. Petitioners challenge the jurisdiction of LUBA to review this particular order and LUBA’s disposition of the case on the merits. We conclude LUBA lacked jurisdiction and reverse.

In October, 1976, petitioners Norman and Ann Hobbs (petitioners) purchased a house and property in Northwest Portland, from petitioner Mildred Fisher (Fisher). Prior to…