Owen Development Group, Inc. v. City of Gearhart

Petitioners seek review of LUBA’s dismissal of their appeal from what they describe as a “land use decision,” contained in a letter by the Gearhart city administrator. LUBA concluded that there was no final reviewable land use decision. We affirm.

In 1985 and 1986, respectively, the city approved petitioners’ applications for preliminary and final development plan approval and a conditional use permit for a shopping center. The property is located in a mixed residential-commercial zone that has no permitted uses and that allows as conditional uses those that are permitted in two of the city’s…