Cape v. City of Beaverton

The City of Beaverton seeks review of a Land Use Board of Appeals (LUBA) order remanding a city ordinance that annexes a 19.4-acre parcel of land on which a school is located and certain rights-of-way that connect the school to the city boundary. We affirm.

The basic facts are not in dispute. We take them from LUBA’s opinion and from the city’s ordinance and supporting documents. The annexation at issue here incorporates the property on which Meadow Park Middle School is located and certain county rights-of-way on SW Butner Road and SW Downing Street. The record before the city included a…