Baxter v. Monmouth City Council

Petitioner seeks review of an order of the Land Use Board of Appeals (LUBA) affirming approval by the Monmouth City Council (City) of a minor partition of land. We reverse.

This case arises from an application by two Monmouth property owners for partition of their two parcels of land into three parcels. Petitioner’s property is adjacent to one of the parcels for which partitioning was sought. The City’s Planning Commission staff recommended approval of the partitioning upon the condition that interior utility easements and sidewalks be provided. After a public hearing the Planning Commission…