City of Rajneeshpuram v. Land Conservation & Development Commission

The city of Rajneeshpuram and a companion petitioner (collectively, the city) seek review of the same LCDC continuance order that we considered in 1000 Friends of Oregon v. LCDC, 76 Or App 46, 708 P2d 1147 (1985). Our opinion in that case resolves four of the city’s five assignments. The remaining assignment is that LCDC erred by including the following statement in its order:

“The staff report under Goal 14 clearly indicates that the acknowledgment review is predicated upon the basic assumption that Rajneeshpuram is a lawfully created city. Although the issue is being contested before LUBA…