Department of Land Conservation & Development v. Klamath County

At issue in this case is whether the Land Use Board of Appeals (LUBA) has jurisdiction to review an ordinance adopted by a local government that modifies existing zoning ordinances in response to a claim filed under the statute adopted by initiative and known as “Measure 37.” ORS 197.352. LUBA concluded that it does not have jurisdiction. We agree and affirm.

We begin with a brief explanation of the relevant statutes to provide context for an examination of the facts and contentions of the parties. Measure 37 was adopted by the voters in 2004. It provides that a public entity that has enacted…