Legal Opinion · Dissent

Solberg v. City of Newberg

Court of Appeals of Oregon

Decided February 22, 1982No. 81-049, CA A22262Published

1DissentThornton, J.

There is a substantial threshhold question in this case, namely, whether LUBA has jurisdiction over the controversy. Contrary to the majority, in my view it does not. Oregon Laws 1979, chapter 772, section 3(1)(a) defines the “land use decisions” which LUBA has jurisdiction to review as including:

“A final decision or determination made by a city, county or special district governing body that concerns the adoption, amendment or application of:
“(A) The state-wide planning goals;
“(B) A comprehensive plan provision; or
“(C) A zoning, subdivision or other ordinance that implements a comprehensive…

2Cases cited2 opinions

  1. Fisher v. ColwellCourt of Appeals of Oregon · 1981
  2. Montmore Homeowners Ass'n v. BrydonCourt of Appeals of Oregon · 1981

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