636 P.2d 466 | Or. Ct. App. | 1981
In two cases consolidated for appeal, petitioners seek judicial review of a final order of the Land Use Board of Appeals (LUBA) and assign error to denial of their challenge to the standing of respondents.
Petitioners Max Merrill and Boatwright Engineering, Inc., were dismissed by stipulation as parties in the LUBA proceeding. Hence, they were not parties entitled to seek judicial review under the provisions of Oregon Laws 1979, chapter 772, section 6a(l) and (2). Case CA 19690 is, therefore, dismissed.
The sole issue presented in case number 19892 is whether the facts found by LUBA are sufficient as a matter of law to support the determination that respondents had standing before LUBA, under Oregon Laws 1979, chapter 772, section 4(3)(b),
In its order of October 20, 1979, upholding respondents’ standing, LUBA found that respondents could see at least three of the proposed lots from their properties and
LUBA’s findings are sufficient to establish that respondents are persons "whose interests are adversely affected or who * * * [are] aggrieved by the decision.” Or Laws 1979, ch 772, §4(3)(b), n 1, supra. See also, 1000 Friends v. Mult. County, 39 Or App 917, 926, 593 P2d 1171 (1978) (change in character and use of neighboring land, including scenic value, is enough to grant standing under "substantially affected” test, former ORS 197.300(1)(d) (1977)); Duddles v. City Council of West Linn, 21 Or App 310, 328, 535 P2d 583, rev den (1975) (property owner in reasonably close proximity, such as within sight or sound of proposed use of land, should ordinarily have standing to challenge land use decision in writ of review proceeding); compare Clark v. Dagg, 38 Or App 71, 78, 588 P2d 1298, rev den 286 Or 637 (1979) (reasonably close proximity not shown in writ of review case, where proposed development was 1-3/4 miles away, separated by a major highway, with an insignificant increase in traffic).
CA number 19690 is dismissed; CA number 19892 is affirmed.
Oregon Laws 1979, chapter 772, section 4(3), provides:
"Any person who has filed a notice of intent to appeal as provided in subsection (4) of this section may petition the board for review of a quasi-judicial land use decision if the person:
"(a) Appeared before the city, county or special district governing body or state agency orally or in writing; and
"(b) Was a person entitled as of right to notice and hearing prior to the decision to be reviewed or was a person whose interests are adversely affected or who was aggrieved by the decision.”
Oregon Laws 1979, chapter 772, section 6a(7), provides:
"Review of an order issued under sections 4 to 6 of this 1979 Act shall be confined to the record, the court shall not substitute its judgment for that of the board [X.UBA1 as to any issue of fact.”