Sunburst II Homeowners Ass'n v. City of West Linn

City of West Linn approved its own application for design review approval and a conditional use permit to build a water tower. Petitioners appealed that decision to LUBA, which remanded it to the city, holding that the city had not demonstrated that the proposal complied with certain design review criteria in the West Linn Community Development Code. After the remand, the city amended the code to make those criteria inapplicable to the proposed tower and to other structures enumerated in the public facilities element of the city’s comprehensive plan. The city then filed a new application…