Or. Admin. Code § 661-010-0073

Current through Register Vol. 63, No. 10, October 1, 2024

Section 661-010-0073 - Reversal or Remand of Limited Land Use Decisions

(1) The Board shall reverse a limited land use decision when:

(a) The governing body exceeded its jurisdiction;

(b) The decision is unconstitutional; or

(c) The decision violates a provision of applicable law and is prohibited as a matter of law.

(2) The Board shall remand a limited land use decision for further proceedings when:

(a) The findings are insufficient to support the decision, except as provided in ORS 197.835(11)(b);

(b) The decision is not supported by substantial evidence in the record. The existence of evidence in the record supporting a different decision shall not be grounds for reversal or remand if there is evidence in the record to support the final decision;

(c) The local government committed a procedural error which prejudiced the substantial rights of the petitioner(s);

(d) The decision improperly construes the applicable law, but is not prohibited as a matter of law; or

(e) All parties stipulate in writing to remand.

Or. Admin. Code § 661-010-0073

LUBA 1-1992, f. & cert. ef. 1-21-92; LUBA 2-1992, f. & cert. ef. 3-19-92; LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98; LUBA 3-2013; f. 12-12-13, cert. ef. 1-1-14

Stat. Auth.: ORS 197.820(4) & 197.835(1)

Stats. Implemented: ORS 197.828 & 197.835