Spencer Creek Neighbors v. Lane County

Petitioners seek review of LUBA’s denial of their petition to recover attorney fees from respondent Lane County pursuant to ORS 197.830(14)(b).1 We disagree with part of LUBA’s reasoning but agree with its disposition and affirm.

Petitioners appealed to LUBA from the county’s approval of a “paintball park.” They made two assignments of error. LUBA sustained petitioners’ second assignment, concluding that the county governing body (board) erred in holding that petitioners Novick and Strand were not entitled to exercise certain participatory rights at the board hearing under the county’s…