Cyrus v. Deschutes County

Petitioner Central Electric Cooperative, Inc. (CEC) seeks review of a Land Use Board of Appeals (LUBA) decision remanding Deschutes County’s approval of CEC’s request to alter a portion of its electric utility infrastructure. Because, as explained below, CEC challenges LUBA’s interpretation of a governing statute, we review LUBA’s conclusions in that regard for errors of law. ORS 197.850(9)(a); Kelley v. Clackamas County, 158 Or App 159, 165, 973 P2d 916 (1999).

We take the facts from the record and LUBA’s order. Cyrus v. Deschutes County, 46 Or LUBA 703 (2004). In 1962, the Public Utility…