OAR 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 (Scope of review)(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.

Source: Rule 661-010-0073 — Reversal or Remand of Limited Land Use Decisions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=661-010-0073.

Last Updated

Jun. 8, 2021

Rule 661-010-0073’s source at or​.us