Smith v. Douglas County

The question in dispute concerns the disposition by the Land Use Board of Appeals (LUBA) of undecided issues in a contested land use decision from Douglas County. The Douglas County Planning Commission, upon referral by the county’s planning director pursuant to the county’s Land Use and Development Ordinance (LUDO), granted Smith’s application for a conditional use permit. Neighboring landowners appealed the planning commission’s decision to the Douglas County Board of Commissioners, asserting seven errors. The board dealt with one of the alleged errors, deciding it in Smith’s favor, but it…