Department of Transportation v. City of Klamath Falls

Petitioner, Southview Properties Development, LLC (Southview), seeks review of a final opinion and order of the Land Use Board of Appeals (LUBA) remanding to the City of Klamath Falls its approval of an amendment to the “Southview” planned unit development (PUD). ODOT v. City of Klamath Falls, 39 Or LUBA 641 (2001). We affirm.

We take the facts from LUBA’s order. The city approved the Southview PUD in 1979. It consisted of approximately 560 acres located in the southwest quadrant of the city. An additional 40 acres nearby were zoned for single-family residential use at the same time that the…