Devin Oil Co., Inc. v. Morrow County

Morrow County approved the City of Boardman’s application to partition a parcel of land so that the city could sell one of the resulting parcels to a private developer who planned to build a travel center. Petitioner, Devin Oil Co., an existing nearby business that would compete with the travel center, opposed the partition and, ultimately, appealed the approval to the Land Use Board of Appeals (LUBA). LUBA sustained some of petitioner’s assignments of error, rejected some, and remanded. Petitioner now seeks judicial review of LUBA’s remand, arguing that LUBA should have sustained all of its…