Legal Opinion

Heritage Enterprises v. City of Corvallis

Court of Appeals of Oregon

Decided January 9, 1985No. LUBA 84-050; CA A33812PublishedCited by 7 opinions

1Opinion of the CourtJoseph, C. J.

Petitioners seek review of an order of the Land Use Board of Appeals dismissing petitioners’ appeal from the voters’ rejection of a proposal to annex land to the city of Corvallis. LUBA concluded that the election is not a “land use decision” as defined by of ORS 197.015(10) and that LUBA therefore did not have jurisdiction. LUBA explained:

“The jurisdictional question is not whether, but when, the challenged annexation became subject to review by this Board.

U* * * * *

“As required by the city code, the [city] council’s decision [approving and referring the proposal] evaluated the proposal in…

2Cases cited2 opinions

  1. 1000 Friends of Oregon v. Wasco County CourtCourt of Appeals of Oregon · 1983
  2. Stewart v. City of CorvallisCourt of Appeals of Oregon · 1980

3Cited by7 opinions

  1. Heritage Enterprises v. City of CorvallisOregon Supreme Court · 1985
  2. Bear Creek Valley Sanitary Authority v. City of MedfordCourt of Appeals of Oregon · 1994
  3. Dan Gile & Associates, Inc. v. McIverCourt of Appeals of Oregon · 1992
  4. Carlsen v. City of PortlandCourt of Appeals of Oregon · 2000
  5. Aloha Incorporation Advisory Committee v. Portland Metropolitan Area Local Government Boundary CommissionCourt of Appeals of Oregon · 1985

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API