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Neighbors win fight against Hillsboro zoning

By: Nick Bjork//November 30, 2010//

Neighbors win fight against Hillsboro zoning

Nick Bjork//November 30, 2010//

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A legal ruling has the city of and the Port of Portland scrapping new zoning on nearly 7,000 properties around Hillsboro Airport.

The Oregon Court of Appeals last week upheld a Land Use Board of Appeals decision to reject new zoning within a one-mile radius of the Port of Portland-owned Hillsboro Airport. The zoning would have accommodated further airport uses.

But Miki Barnes, a nearby resident affected by the zoning, appealed the city’s decision to LUBA, citing that it violated both federal and state constitutions.

Under the zoning, the Port of Portland would have been allowed to enter the property and cut down trees or make other changes to prevent obstacles for aircraft.

Bill Kabeiseman, an attorney with Garvey Schubery Barer that represented Barnes, said the zoning would have given the port, a neighboring property owner, the right to dictate the use of someone else’s land without fair compensation. Additionally, the zoning would have unlawfully given city control to the port to determine what needed to be done with the land, he said.

While the zoning efforts have been tossed out, the ruling states the city can still re-zone the property in a constitutional manner.



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