Holland v. City of Cannon Beach

Petitioner seeks review of LUBA’s affirmance of the City of Cannon Beach’s denial of his subdivision application. Petitioner’s principal argument is that the city violated ORS 227.173 and erred in other respects by basing its decision on policies in its comprehensive plan rather than standards and criteria set forth in its “development ordinance.” LUBA rejected that argument and the others that petitioner made to it.

Petitioner argues to us, but did not contend to LUBA, that the city’s use of the plan policies violates ORS 197.195(1). That statute provides:

“A ‘limited land use decision’ shall…