Overton v. Benton County

Petitioners appeal an order of the Land Use Board of Appeals (LUBA) rejecting their contention that the “standing” provisions of certain amendments to the Benton County zoning ordinance are contrary to ORS 215.422(1), ORS 215.422(2), Article I, Sections 10 and 20, of the Oregon Constitution and the Equal Protection Clause of the Fourteenth Amendment. We reverse.

The ordinance in question, Benton County Ordinance 22Y, provides, in relevant part:

“For purposes of this Ordinance, the affected Citizen’s Advisory Committee or any individual or organization that testified at the Planning Commission’s…