Mar-Dene Corp. v. City of Woodburn

Respondent Mar-Dene Corporation (Mar-Dene) operates a Wendy’s restaurant in the City of Woodburn. Mar-Dene appealed to LUBA from the city council’s 1996 decision that an access condition that was part of the city’s 1992 site plan approval for respondent Jensens’ proposed Holiday Inn Express Motel had been “substantially complied with” and that the city could “legally take no further action to enforce” the condition. LUBA concluded that the city’s 1996 decision was not a “land use decision” subject to LUBA’s jurisdiction and that the matter was instead subject to the circuit court’s…