Billington v. Polk County

Polk County appeals from an order of LUBA that remanded the county’s partial road vacation for further proceedings. The only issue is whether the county’s action is a “land use decision” reviewable by LUBA. ORS 197.015(10). LUBA answered that question affirmatively, with one referee dissenting. We agree with the approach taken in the dissenting opinion of Referee Kressel and agree with his proposed result.

Reversed and remanded with instructions to dismiss the petition.