Miller v. City of Dayton

Petitioner seeks review of LUBA’s dismissal of his appeal from the City of Dayton’s decision to enlarge a basketball court in Courthouse Square Park. The park is listed on the National Register of Historic Places. However, the city has not designated or regulated it as a Goal 5 resource in its comprehensive plan and land use regulations as originally acknowledged or as revised for periodic compliance review in 1986. LUBA concluded that the decision was not reviewable as a “land use decision” defined in ORS 197.015(10)(a) and that it also did not come within LUBA’s jurisdiction under the…