ORS § 197.828

Current through 2024 Regular Session legislation
Section 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.

ORS 197.828

1991 c.817 §2