Oswego Properties, Inc. v. City of Lake Oswego

Petitioner seeks review of LUBA’s decision affirming the City of Lake Oswego’s denial of petitioner’s application to develop a multi-family dwelling project. The city denied the application on the basis of its findings and conclusion that petitioner’s proposal does not satisfy the open space preservation requirements of the city’s land use regulations. Specifically, the city concluded that the preservation of six trees and their surroundings was necessary to satisfy the requirements.

An overview of the applicable city provisions is necessary to an understanding of the issues. “Open space” is…