Legal Opinion

Botts Marsh LLC v. City of Wheeler

Court of Appeals of Oregon

Decided June 7, 2023No. A180520PublishedCited by 3 opinions

1Opinion of the Court

215 Argued and submitted March 16, reversed in part and remanded June 7, 2023 BOTTS MARSH LLC, Respondent, v. CITY OF WHEELER, Petitioner. Land Use Board of Appeals 2022079; A180520 532P3d 544 The City of Wheeler denied applicant’s application for design review of a proposed development on applicant’s property. The Land Use Board of Appeals (LUBA) reversed the denial and remanded for the city to reopen the record to give applicant an opportunity to submit additional materials and respond to the city’s newly articulated interpretations of its design-review standards. The city seeks judicial…

2Cases cited14 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. State v. GainesOregon Supreme Court · 2009
  3. Beall Transport Equipment Co. v. Southern Pacific TransportationCourt of Appeals of Oregon · 2003
  4. Application of Portland General Elec. Co.Oregon Supreme Court · 1977
  5. Beall Transport Equipment Co. v. Southern Pacific TransportationCourt of Appeals of Oregon · 2003

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3Cited by3 opinions

  1. Juniper Institue, LLC v. Deschutes CountyCourt of Appeals of Oregon · 2025
  2. Juniper Institute, LLC v. Deschutes CountyCourt of Appeals of Oregon · 2025
  3. Botts Marsh LLC v. City of WheelerCourt of Appeals of Oregon · 2023

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