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Ooten v. Clackamas County

Court of Appeals of Oregon

April 1, 2015

Brian OOTEN, Respondent,
v.
CLACKAMAS COUNTY, Intervenor, and Bruce D. GOLDSON, Petitioner

Argued and Submitted February 11, 2015.

Land Use Board of Appeals. 2014069.

T. Beau Ellis argued the cause for petitioner. With him on the briefs were A. Richard Vial, David Phillips, and Vial Fotheringham LLP.

Robyn Rider Aoyagi argued the cause for respondent. With her on the brief were David J. Peterson and Tonkon Torp LLP.

Nate Boderman argued the cause for intervenor. With him on the brief was Stephen L. Madkour.

David J. Hunnicutt filed the brief amicus curiae for Oregonians In Action Legal Center.

Before Duncan, Presiding Judge, and Lagesen, Judge, and Flynn, Judge.

OPINION

Page 1306

[270 Or.App. 216] LAGESEN, J.

Petitioner seeks judicial review of an order of the Land Use Board of Appeals (LUBA) that remanded to the Clackamas County Board of Commissioners (the county) a decision approving petitioner's application for a comprehensive plan amendment and zone change. Petitioner assigns error to LUBA's determination that the county failed to establish, under the process outlined in OAR 660-004-0018, that the proposed amendment and zone change did not require new exceptions to Statewide Planning Goals 3 and 4, as well as to LUBA's determination that the county was required to demonstrate that all sections of OAR 660-004-0018(2) are satisfied in order to establish that the proposed plan amendment and zone change do not require new exceptions to Goals 3 and 4. We affirm.

I. BACKGROUND

The subject property for which petitioner seeks the zone change and plan amendment is located in Oregon City and includes two " legal lots of record" on Tax Lots 1000, 1001, 1002, 1100, and 1101, totaling approximately 8.15 acres. The entire property is bordered on the west by Highway 213, on the south by Quail Crest Lane, and on the north and east by rural residential properties.

Originally, the subject property was zoned Suburban Low Density Single ...


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