Shelter Resources, Inc. v. City of Cannon Beach

I agree with all aspects of the majority opinion and with its conclusion about the meaning of City of Happy Valley v. LCDC, 66 Or App 795, 677 P2d 43, rev den 297 Or 82 (1984). However, our holding in Happy Valley is, unhappily, much murkier than the majority suggests.

The excerpts of Happy Valley the majority quotes read like a cross between Fasano v. Washington Co. Comm., 264 Or 574, 507 P2d 23 (1973), and Finnegans Wake. On one hand, as the majority states, that opinion implies that the provisions of ORS 197.307 pertaining to “needed housing,” as defined in ORS 197.303(1), do not apply to…