McKnight v. Land Conservation & Development Commission

The petitioners in these consolidated proceedings under ORS 183.400 challenge the validity of the Land Conservation and Development Commission’s “Administrative Rule for Application of the Statewide Planning Goals to the Incorporation of New Cities.” OAR 660-14-000 et seq.

Petitioners first contend that the rule exceeds LCDC’s statutory rule-making authority “by requiring that exceptions be taken to Goals 3, 4, 11 and 14 before a county authorizes an incorporation election for a city on undeveloped lands outside an urban growth boundary.” ORS 183.400(4) (b). Petitioners argue that the…