Lane County v. City of Eugene

Petitioner Lane County (County) seeks judicial review of an order of the Land Use Board of Appeals (LUBA) reversing the County’s order granting the application of respondent E. O. Drake (applicant) for the partition of 142 acres of land, which all parties concede to be agricultural land. In this court, the County contends that LUBA exceeded its authority by reversing the decision of the County on an issue it argues was not raised below or before LUBA (i.e, that there was not substantial evidence to support the County’s findings of fact), and that even if LUBA was authorized to consider that…