Legal Opinion

Johns v. City of Lincoln City

Court of Appeals of Oregon

Decided March 5, 1997No. LUBA Nos. 96-082, 96-083, CA A95507PublishedCited by 6 opinions

1Opinion of the CourtDeits, P. J.

Petitioner seeks review of LUBA’s decision affirming the City of Lincoln City’s denial of petitioner’s application for a dwelling. We reverse.

Although the proposed location of the dwelling is in a residential zone, the area is also part of an environmental quality overlay zone. As such, the city’s zoning ordinance makes the dwelling proposal reviewable under aesthetic resource and natural hazards standards, instead of being permitted outright pursuant to the residential zoning. The city planning director approved petitioner’s application. Two separate groups of opponents, the Morfitts and the…

2Cases cited8 opinions

  1. Clark v. Jackson CountyOregon Supreme Court · 1994
  2. Gage v. City of PortlandOregon Supreme Court · 1994
  3. Larson v. Wallowa CountyCourt of Appeals of Oregon · 1992
  4. Derry v. Douglas CountyCourt of Appeals of Oregon · 1995
  5. Boldt v. Clackamas CountyCourt of Appeals of Oregon · 1991

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3Cited by6 opinions

  1. Alliance for Responsible Land Use v. Deschutes CountyCourt of Appeals of Oregon · 1997
  2. Opp v. City of PortlandCourt of Appeals of Oregon · 1998
  3. Johns v. City of Lincoln CityCourt of Appeals of Oregon · 1998
  4. ALL. FOR RES. LAND USE v. Deschutes Cty.Court of Appeals of Oregon · 1997
  5. Johns v. City of LincolnCourt of Appeals of Oregon · 1999

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