Murphy Citizens Advisory Committee v. Josephine County

In this land use case, the issue is whether a stipulation that was entered into as part of a mandamus action in circuit court under ORS 215.428(7) (set out infra) is a “land use decision” that is appealable to the Land Use Board of Appeals (LUBA). The Court of Appeals held that the stipulation was appealable to LUBA, as a “de facto land use decision.” Murphy Citizens Advisory Com. v. Josephine County, 123 Or App 539, 543, 860 P2d 857 (1993). We allowed review and now affirm the decision of the Court of Appeals.

In December 1991, Copeland Sand & Gravel, Inc. (Copeland), filed a “site review…