Willamette Oaks, LLC v. City of Eugene

Petitioner, Willamette Oaks, LLC, seeks review of the Land Use Board of Appeals (LUBA) decision affirming the City of Eugene’s (city) approval of a zone change for certain land from medium-density residential to limited high-density residential, contending that LUBA’s order is unlawful in substance. We review pursuant to ORS 197.850 and, on review, hold that LUBA improperly concluded that the city could lawfully defer consideration, pursuant to OAR 660-012-0060, of whether the zone change would significantly affect a transportation facility. Accordingly, we reverse and remand.

The relevant…