Comprehensive Land Use Planning I

ORS 197.828
Board review of limited land use decision


(1)

The Land Use Board of Appeals shall either reverse, remand or affirm a limited land use decision on review.

(2)

The board shall reverse or remand a limited land use decision if:

(a)

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;

(b)

The decision does not comply with applicable provisions of the land use regulations;

(c)

The decision is:

(A)

Outside the scope of authority of the decision maker; or

(B)

Unconstitutional; or

(d)

The local government committed a procedural error which prejudiced the substantial rights of the petitioner. [1991 c.817 §2]

Source

Last accessed
May 26, 2023