Montgomery v. City of Dunes City

Petitioner City of Dunes City (the city) seeks judicial review, and respondent Montgomery cross-petitions for judicial review, of an order of the Land Use Board of Appeals (LUBA) in which LUBA remanded the city’s denial of respondent’s application for the approval of a preliminary subdivision plat. We reject without discussion the city’s two assignments of error concerning LUBA’s application of the substantial evidence standard and its remand for the city to interpret a provision of an erosion control ordinance. We write only to address respondent’s sole legal contention in his…