Merrill v. Van Volkinburg

In two cases consolidated for appeal, petitioners seek judicial review of a final order of the Land Use Board of Appeals (LUBA) and assign error to denial of their challenge to the standing of respondents.

Petitioners Max Merrill and Boatwright Engineering, Inc., were dismissed by stipulation as parties in the LUBA proceeding. Hence, they were not parties entitled to seek judicial review under the provisions of Oregon Laws 1979, chapter 772, section 6a(l) and (2). Case CA 19690 is, therefore, dismissed.

The sole issue presented in case number 19892 is whether the facts found by LUBA are…