Department of Transportation v. City of Mosier

Petitioners seek review of LUBA’s reversal of the City of Mosier’s governing body’s (council) determination that, under provisions of the city’s land use regulations, respondent state Department of Transportation (ODOT) does not have a nonconforming use to continue certain quarry operations that it conducts within the city. We reverse and remand.

The council initiated the proceedings that began this matter on its own motion. It concluded that it had the authority to initiate and conduct a quasi-judicial hearing concerning the status of ODOT’s use under section 9.3(2) of the city zoning…