Oregon City Leasing, Inc. v. Columbia County

Petitioner appealed to LUBA from Columbia County’s 1992 amendment of its 1990 Surface Mining Ordinance. The 1990 ordinance purported to amend the county’s 1972 Surface Mining Land Reclamation Ordinance. Petitioner’s objective is to invalidate the provision of the 1992 ordinance that assesses certain fees. The principal means by which petitioner seeks to achieve that end is by contending that the 1990 ordinance effectively repealed the 1972 enactment. Therefore, petitioner reasons, there is no permissible predicate for the 1992 assessment of fees that exceed those allowable under ORS…