Montmore Homeowners Ass'n v. Brydon

Petitioners appeal a decision of the Land Use Board of Appeals (LUBA) reversing the City of Portland’s denial of respondent’s application to divide a vacant lot in an existing and largely developed subdivision into lots. We reverse.

In 1966, the then property owner submitted to the Portland Planning Commission a final plat for development of the area. The large size and configuration of one lot was a matter of concern to the commission; the owner advised the city by letter that his intention was to make the lot (Lot 12), which is large and of irregular shape and has a canyon running through…