Or. Admin. R. 661-010-0073
Current through Register Vol. 63, No. 5, May 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. R. 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. 1-1-14Stat. Auth.: ORS 197.820(4) & 197.835(1)
Stats. Implemented: ORS 197.828 & 197.835