Southwood Homeowners Ass'n v. City Council of Philomath

Petitioners appealed to LUBA from the City of Philomath’s approval of a subdivision inside the city’s urban growth boundary. Petitioners contended that the subdivision does not comply with city land use regulations. The city moved to dismiss the appeal, contending that, under ORS 197.015(10)(b)(B), LUBA lacked jurisdiction. LUBA granted the motion. Petitioners seek review, and we reverse.

ORS 197.015(10)(a) defines “land use decisions” that come within LUBA’s jurisdiction under ORS 197.825(1). ORS 197.015(10) (b), as amended by Or Laws 1989, ch 761, § 1, provides that the term does not include…