1000 Friends of Oregon v. Wasco County Court

Petitioners seek review of a Land Use Board of Appeals (LUBA) order dismissing a matter for lack of jurisdiction. Petitioners had challenged an order of the Wasco County Court granting a petition for incorporation of the City of Rajneeshpuram, adopting findings and conclusions, fixing boundaries of the proposed city and setting a date for a special election on the matter of incorporation. LUBA held that Wasco County’s order was not a “land use decision” under ORS 197.015(10) and was therefore not subject to LUBA review. Or Laws 1979, ch 772, § 4. We reverse and remand.

Whether incorporation of…