BCT Partnership v. City of Portland

Petitioner BPM Associates applied to the City of Portland for a conditional use permit to operate a parking garage. The city granted the permit. BCT Partnership (respondent) appealed the city’s decision to LUBA. LUBA reversed, and petitioners seek review. We reverse and remand.

LUBA concluded, and it is undisputed, that the approval of the permit depended on the consistency of the application with section 2-7(0 of the city’s Downtown Parking and Circulation Policy (DPCP). That section provides:

“The City may approve new structured short term parking as long as the City finds that it is…