City Can't Reject Developer's Application Because of Size

Facts: Dunes City, Ore., through its Land Use Board of Appeals (LUBA), rejected a developer's proposal to build single-family and government housing in the city. The developer asked a court to overrule the LUBA's decision, which was based on the city having fewer than 2,500 residents, and therefore allowing the agency to turn down the application without having “clear and objective” standards prescribed under Oregon law.

Ruling: The court sided with the developer and reversed the LUBA decision.

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