1. (1) The Board shall reverse a limited land use decision when:

   1. (a) The governing body exceeded its jurisdiction;
   2. (b) The decision is unconstitutional; or
   3. (c) The decision violates a provision of applicable law and is prohibited as a matter of law.

2. (2) The Board shall remand a limited land use decision for further proceedings when:

   1. (a) The findings are insufficient to support the decision, except as provided in ORS 197.835(11)(b);
   2. (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;
   3. (c) The local government committed a procedural error which prejudiced the substantial rights of the petitioner(s);
   4. (d) The decision improperly construes the applicable law, but is not prohibited as a matter of law; or
   5. (e) All parties stipulate in writing to remand.

Statutory/Other Authority

ORS 197.820(4) & 197.835(1)

Statutes/Other Implemented

ORS 197.828 & 197.835

History

LUBA 3-2013, f. 12-12-13, cert. ef. 1-1-14
LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98
LUBA 2-1992, f. & cert. ef. 3-19-92
LUBA 1-1992, f. & cert. ef. 1-21-92