267 P.3d 855
Or. Ct. App.2011Background
- Weyerhaeuser seeks judicial review of LUBA's affirmation of Polk County's denial of three property line adjustments affecting Lots 10–13 in Sheridan View Acres.
- In 1983 a county-approved partition created Parcels 1, 2, and 3 by a partition map, consolidating multiple original lots into new parcels.
- The 1983 partition map described Parcels 1–3 by metes and bounds and did not show the preexisting 1911 subdivision lot lines.
- A 1983 lot line adjustment between Parcels 1 and 2 shifted area of Lot 13 and moved Lots 8–9 between parcels, with no county approval indication on the adjustment map.
- Subsequent deeds and road vacation orders reference the former lots, but the 1983 partition did not undergo a formal vacation procedure under ORS 92.234 or 368.
- Petitioner argued ORS 92.017 (1985) preserved discrete lots despite the 1983 partition; respondents argued the partition vacated the lots and created new parcels.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the 1983 partition vacate Lots 10–13? | Petitioner contends ORS 92.017 preserves lots as discrete units and partition does not vacate them. | Respondents contend partition created new parcels and vacated the prior lots. | Partition vacated the lots; created new parcels. |
| Does ORS 92.017 (1985) restore vacated lots after a partition? | ORS 92.017 preserves lots unless vacated or further divided; partition cannot vacate under this reading. | Legislature intended replat/vacation mechanics to override prior lots, making 1983 partition effective. | 92.017 does not restore lots vacated by the 1983 partition; partition remains effective. |
| Was remand required to address the 1991 road vacation order? | Evidence from 1991 order could negate vacatur if the subdivision wasn’t vacated in 1983. | The 1991 order has no bearing on the 1983 partition's effect. | No remand required; the 1991 order not controlling. |
Key Cases Cited
- Ogan v. Ellison, 297 Or. 25 (1984) (county authority over subdivisions and partitions)
- Billington v. Polk County, 299 Or. 471 (1985) (vacation procedures and subdivision regulation history)