Hilliard v. Lane County Commissioners

For the second time, petitioner seeks judicial review of an order of the Land Use Board of Appeals (LUBA), affirming a decision by the Lane County Commission granting a site review permit to allow construction of a four-unit residential condominium adjacent to an ocean beach. In the original appeal, Hilliard v. Lane County Commrs., 51 Or App 587, 626 P2d 905, rev den 291 Or 368 (1981), we held that LUBA had erred “in invoking technical requirements of pleading having no statutory basis” to defeat petitioner’s claims. 51 Or App at 595. LUBA had refused to consider whether the “Umatilla policy”…