Wagner v. Marion County

The issue in this case is whether the action of Marion County which petitioner appealed to LUBA was a “land use decision.” LUBA held that it was not and dismissed the appeal for lack of jurisdiction. ORS 197.825. We reverse and remand for reconsideration.

In 1976, the county approved two partitioning requests by A. L. Gregory. As part of the resolutions approving the partitions, the county restricted access to a public road, Emerald Green Lane, from the divided parcels. In 1984, petitioner Wagner conveyed to Hicks five acres of land within the area subject to the access restriction.1…