Rudell v. CITY OF BANDON

The City of Bandon denied petitioners’ application for a permit to build a house on their property near the beach because, according to the city, the property was located on the leeward side of a foredune, where development was prohibited by the Bandon Municipal Code (BMC). Petitioners appealed the city’s decision to the Land Use Board of Appeals (LUBA); after first remanding the case back to the city for further factfinding, LUBA affirmed the city’s decision to deny the permit. Petitioners now seek judicial review. In two assignments of error, they argue that LUBA erred in deferring to the…