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Dean v. Lincoln Cnty.

Court of Appeals of Oregon
Dec 28, 2023
329 Or. App. 811 (Or. Ct. App. 2023)

Opinion

A182468

12-28-2023

Tim DEAN, Tracey Dean, Richard E. Cave, Jane C. Gibbons, John Blackburn, Jay Bennett, Laurie Bennett, Linden Knapp, Ruth Knapp, Royce Trammell, Julie D. Reading, and Dale Niebert, Petitioners, v. LINCOLN COUNTY, Respondent.

Heather A. Brann argued the cause for appellant. Also on the brief was Heather A. Brann PC. Christopher D. Crean argued the cause for respondent. Also on the brief were Emily M. Matasar, and Beery, Elsner & Hammond, LLP.


This is a Nonprecedential Memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

Argued and Submitted December 4, 2023

Land Use Board of Appeals 2023020;

Heather A. Brann argued the cause for appellant. Also on the brief was Heather A. Brann PC.

Christopher D. Crean argued the cause for respondent. Also on the brief were Emily M. Matasar, and Beery, Elsner & Hammond, LLP.

Before Ortega, Presiding Judge, and Lagesen, Chief Judge, and Powers, Judge.

POWERS, J.

Petitioners seek judicial review of a final order by the Land Use Board of Appeals (LUBA) that granted Lincoln County's motion to dismiss for lack of jurisdiction and granted petitioners' motion to transfer the case to circuit court. LUBA concluded that Lincoln County's order establishing geographic subareas for short-term rental (STR) licenses and establishing limits on the number of STR licenses in each subarea was not a land use decision for purposes of LUBA jurisdiction. See ORS 197.825(1) (providing LUBA with exclusive jurisdiction, subject to specified exceptions not applicable here, to review any "land use decision or limited land use decision"). On review, petitioners contend that LUBA erred in concluding that the challenged decision was not a land use decision and in refusing to review the order under Barnes v. City of Hillsboro, 239 Or.App. 73, 243 P.3d 139 (2010). We have reviewed petitioners' arguments on review and conclude that those arguments do not provide any reason to disturb LUBA's decision.

Affirmed.


Summaries of

Dean v. Lincoln Cnty.

Court of Appeals of Oregon
Dec 28, 2023
329 Or. App. 811 (Or. Ct. App. 2023)
Case details for

Dean v. Lincoln Cnty.

Case Details

Full title:Tim DEAN, Tracey Dean, Richard E. Cave, Jane C. Gibbons, John Blackburn…

Court:Court of Appeals of Oregon

Date published: Dec 28, 2023

Citations

329 Or. App. 811 (Or. Ct. App. 2023)

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Dean v. Lincoln Cty.

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