Stewart v. City of Salem

Respondent City of Salem (the city) seeks review of an opinion and order of the Land Use Board of Appeals (LUBA) that reversed the city’s denial of petitioner’s application for approval of a tentative partition plan. The city contends that LUBA erred in concluding that petitioner adequately preserved his objections to the denial of the partition request. The city also asserts that LUBA erred in reversing, rather than remanding, the city’s order denying the partition plan application. Both contentions question the board’s interpretation of applicable statutes, requiring us to review LUBA’s…