What does LUBA mean for development applications?

When the City reviews a development application, the decision must be based on the laws and regulations that apply to that application. If an application meets all applicable requirements, the City generally cannot deny it simply because the City Council, Planning Commission, or members of the public do not like the proposed development. A decision that violates applicable state or local law can itself be subject to appeal.

If a final land-use decision is appealed, LUBA reviews whether the local government made a legally sufficient decision. LUBA describes its role as similar to an appellate court. It does not reconsider the development as a political or policy decision, and it generally does not consider new evidence that was not part of the local government's record.

LUBA may reverse or remand a decision when, for example, the local government failed to follow required procedures, the decision violates a constitutional provision, state or local law, or the decision is not supported by substantial evidence in the record. LUBA cannot overturn a decision simply because its Board Members disagree with it or believe the decision is unwise.

Check out the Oregon Land Use Board of Appeals FAQ page.