Sullivan v. City of Ashland

Petitioner City of Ashland (city) seeks review of LUBA’s remand of the city’s determination of the “northern lot line” of certain property for purposes of the city’s solar access ordinance. We reverse.

In 1993, respondent Sullivan’s neighbor, Johnson, applied to the city for a permit to build a home on land south of Sullivan’s property. In greatly simplified form, the Sullivan and Johnson properties, with the projected home site, were situated like this:

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After the city’s planning staff and planning commission approved Johnson’s application, Sullivan appealed to the city council,…