Legal Opinion
Younger v. City of Portland
Oregon Supreme Court
Decided March 29, 1988No. LUBA 86-046; CA A43194; SC S34287PublishedCited by 88 opinions
1Opinion of the Court
*348LENT, J.
The Land Use Board of Appeals (LUBA) may reverse or remand a local government’s land use decision if the decision is “not supported by substantial evidence in the whole record.” ORS 197.835(8)(a)(C). The issue is whether LUBA must evaluate the substantiality of evidence supporting a decision by considering the supporting evidence alone or by considering all the evidence in the record, including countervailing evidence. The Court of Appeals held that LUBA’s evaluation of substantiality properly considered only supporting evidence. Younger v. City of Portland, 86 Or App 211, 216-18, 739…
2Cases cited21 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
- Springfield Education Ass'n v. Springfield School District No. 19Oregon Supreme Court · 1980
- Bay v. State Board of EducationOregon Supreme Court · 1963
- Benton County v. Friends of Benton CountyOregon Supreme Court · 1982
16 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Garcia v. Boise Cascade Corp.Oregon Supreme Court · 1990
- 1000 Friends v. Land Conservation & Development CommissionOregon Supreme Court · 1988
- Norden v. STATE, WATER RESOURCES DEPT.Oregon Supreme Court · 2000
- Dodd v. Hood River CountyOregon Supreme Court · 1993
- Cusma v. City of Oregon CityCourt of Appeals of Oregon · 1988
83 more not listed; retrieve them via the Exa API.