Smith v. Douglas County

Petitioner seeks review of a LUBA decision remanding to the Douglas County Board of Commissioners (Board) their order denying petitioner a conditional use permit. Petitioner contends that LUBA should have reversed the decision and directed the Board to approve the permit. He also contends that LUBA erred in holding that, on remand, the Board could consider six other issues raised in the initial notice of review before the Board, but not decided in its denial of the permit. We reverse in part and affirm in part.

Petitioner seeks a conditional use permit to allow an existing rural residence to…