Opinion
No. 103762, CA 10548
Argued September 19, 1978.
Affirmed September 25, 1978.
Appeal from the Circuit Court, Marion County, Richard D. Barber, Judge.
Gary E. Rhoades, Portland, argued the cause for appellants. With him on the brief was O'Donnell, Rhoades Gerber, Portland.
Jeannette M. Launer, Assistant City Attorney, Salem, argued the cause for respondent. With her on the brief was William J. Juza, City Attorney, Salem.
Before Schwab, Chief Judge, and Johnson, Gillette and Roberts, Judges.
PER CURIAM.
Affirmed.
Petitioners obtained a writ of review seeking review of the decision of the City of Salem adopting a sign ordinance eliminating free-standing signs. The circuit court quashed the writ and petitioners contend on appeal that the writ of review is a "* * * proper remedy for challenging failure to apply the LCDC [Land Conservation and Development Commission] goals to a legislative land-use decision." Assuming, arguendo, that a sign ordinance is a land-use decision, the fact remains that a legislative land-use decision is not subject to judicial scrutiny in a writ of review proceeding. Parelius v. City of Lake Oswego, 22 Or. App. 429, 539 P.2d 1123 (1975); Culver v. Dagg, 20 Or. App. 647, 532 P.2d 1127, rev den (1975).
Affirmed.