Fuhrman Land Co. v. Watery Lane Homeowners Ass'n

Petitioner City Council of the City of Portland (City) and petitioners Fuhrman Land Company, et al (Developers) seek judicial review of an order by the Land Use Board of Appeals (LUBA). LUBA ruled that a provision of the City Code, § 34.110.020,1 restricting the right of appeal of a minor partition to the applicant, conflicts with ORS 92.046(3).2 LUBA thereupon remanded the matter to the City to hold a hearing, as requested by respondent Watery Lane Homeowners Association.

At the heart of this dispute is the contested right to lease from the state submerged lands in the Willamette River…