Clark v. City of Albany

Petitioner seeks review of and the City of Albany cross-petitions from LUBA’s remand of the city’s limited land use decision approving and imposing conditions on petitioner’s site plan for a fast food drive-in restaurant. The site plan review is an early stage in the application process and precedes the eventual decision on building permits and other final project approvals. The principal issues that both parties raise involve the consistency of the conditions imposed by the city with Dolan v. City of Tigard, 512 US_, 114 S Ct 2309, 129 L Ed 2d 304 (1994). We affirm in part and reverse in…