Hallmark Inns & Resorts, Inc. v. City of Lake Oswego

Hallmark Inns and Resorts, Inc. (Hallmark) seeks review of a Land Use Board of Appeals (LUBA) decision affirming the City of Lake Oswego’s (the city) denial of Hallmark’s request for modification of a condition attached to a development permit issued to Hallmark in 1993. We reverse and remand for LUBA to consider the predicate question of whether the challenged condition applied to a paved pathway1 across Hallmark’s property.

We take the relevant facts from LUBA’s opinion. The development permit granted Hallmark’s request for approval to construct its corporate headquarters. One of the several…