Legal Opinion
Billington v. Polk County
Oregon Supreme Court
Decided September 17, 1985No. TC 83-072; CA A31169; SC S30929PublishedCited by 9 opinions
1Opinion of the CourtCampbell, J.
The issue in this case is whether the Land Use Board of Appeals (LUBA) has jurisdiction to review a county decision to vacate a portion of a county road.
In June 1983, the Polk County Board of Commissioners (Board) pursuant to ORS 368.326, et seq (Vacation of County Property) vacated the westerly 20 feet of a 40 foot wide dead-end roadway known as Clearview Orchards Road. As a part of that decision, the Board found that the road vacation was not a land use decision. However, that decision was appealed by the Billingtons to LUBA. The Billingtons owned land abutting a portion of the east…
2Cases cited4 opinions
- Petersen v. MAYOR ETC. CITY OF KLAMATH FALLSOregon Supreme Court · 1977
- Byrd v. StringerOregon Supreme Court · 1983
- City of Pendleton v. KernsOregon Supreme Court · 1982
- Billington v. Polk CountyCourt of Appeals of Oregon · 1984
3Cited by9 opinions
- Rogue Advocates v. Jackson CountyCourt of Appeals of Oregon · 2016
- Neice v. Prosper PortlandCourt of Appeals of Oregon · 2024
- Wagner v. Marion CountyCourt of Appeals of Oregon · 1986
- Hemstreet v. Seaside Improvement CommissionCourt of Appeals of Oregon · 1988
- Marks v. LCDCCourt of Appeals of Oregon · 2023
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