Costco Wholesale Corp. v. City of Beaverton

Petitioners on review Wells Real Estate Funds, Inc. (Wells), and Bold, LLC (Bold), seek judicial review of an order of the Land Use Board of Appeals (LUBA) that affirmed the decision of the City of Beaverton (city) that annexed certain parcels of land pursuant to the “island annexation” statute, ORS 222.750. Petitioners argue, in part, that LUBA erroneously construed ORS 222.750 to authorize annexation of property without the consent of affected landowners where (a) the property is part of a larger area that is completely encompassed by a city’s boundaries; but (b) the city elects not to…