Friends of Neabeack Hill v. City of Philomath

Petitioners seek review of LUBA’s remand of respondent City of Philomath’s approval of respondent Schneider Homes, Inc.’s application to develop a subdivision in the Neabeack Hill area. Petitioners oppose the application, and they assign error to a number of LUBA’s rulings in which it rejected their contentions. We write to address only their argument that LUBA erred in sustaining the city’s interpretation of Resources and Hazards Policy 6 of its comprehensive plan as allowing the disturbance and partial removal of a wooded Goal 5 resource site in the vicinity of the development. We affirm.

Bef…