Opp v. City of Portland

Petitioner seeks review of LUBA’s decision affirming the City of Portland’s approval of a conditional use permit for a community center. We affirm.

During a recess in the city council’s hearing on the application for the conditional use permit, one of the council members spoke with Cooley, a person who was attending the meeting and who was involved to some extent in various activities or relationships that arguably had some connection to the proposed center. Section 33.730.110.A of the city code provides that members of a city body reviewing a land use application “may not communicate,…