Roth v. Land Conservation & Development Commission

Petitioners seek judicial review of that portion of an acknowledgment order issued by the Land Conservation and Development Commission (LCDC), which, according to petitioners, “enlarges the [City of] Newberg[’s] urban growth boundary [UGB] to include an 18.8 acre parcel for a proposed school site.” This case is a classic illustration of the pitfalls involved in LCDC’s simultaneously considering a goal issue in two distinct proceedings designed for different purposes: adjudicatory appeals before the Land Use Board of Appeals (LUBA) (in which LCDC must pass on any goal questions), and…