Legal Opinion
Gage v. City of Portland
Oregon Supreme Court
Decided July 21, 1994No. LUBA 93-030; CA A80355; SC S40976PublishedCited by 38 opinions
1Opinion of the CourtGillette, J.
In Clark v. Jackson County, 313 Or 508, 515, 836 P2d 710 (1992), this court held that:
“[I]n reviewing a [local government’s] land use decision, [the Land Use Board of Appeals (LUBA)] is to affirm the [local government’s] interpretation of its own ordinance [that is part of an acknowledged comprehensive plan,] unless LUBA determines that the [local government’s] interpretation is inconsistent with express language of the ordinance or its apparent purpose or policy. LUBA lacks authority to substitute its own interpretation of the ordinance unless the [local government’s] interpretation was…
2Cases cited11 opinions
- Springfield Education Ass'n v. Springfield School District No. 19Oregon Supreme Court · 1980
- Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
- Clark v. Jackson CountyOregon Supreme Court · 1994
- Bienz v. City of DaytonCourt of Appeals of Oregon · 1977
- Anderson v. PedenOregon Supreme Court · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Don't Waste Oregon Committee v. Energy Facility Siting CouncilOregon Supreme Court · 1994
- Siporen v. City of MedfordOregon Supreme Court · 2010
- Gage v. City of PortlandCourt of Appeals of Oregon · 1995
- Dunning v. Corrections Facility Siting AuthorityOregon Supreme Court · 1997
- Derry v. Douglas CountyCourt of Appeals of Oregon · 1995
33 more not listed; retrieve them via the Exa API.