Reinert v. Clackamas County

This case concerns whether the Land Use Board of Appeals (LUBA) erred in affirming a county hearings officer’s approval of a subdivision application. Petitioner contends that LUBA erred in sustaining the hearings officer’s interpretation of two code provisions applicable to the application, one that bars a refiling of “the same or substantially similar [subdivision approval] application” within two years of the “final denial” of an earlier application, and the other that requires preservation of “significant clumps or groves of trees” in a subdivision plat “whenever feasible” and consistent…