Westside Neighborhood Quality Project, Inc. v. School District 4J Board of Directors

Petitioners appeal the order of the Land Use Board of Appeals (LUBA) affirming Eugene School District 4J’s decision to close Lincoln Community School. The district cross-appeals from LUBA’s determination that the district’s action was a “land use decision” and was therefore reviewable by LUBA. We agree with the district that LUBA lacked jurisdiction.

The district board voted to close the school on August 5, 1981. The decision was made following public hearings and was based on extensive findings. The principal reasons for the decision were fiscal, including anticipated substantial expenses of…