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Urban growth boundary expansions usually put land-use activists and city governments at odds in Oregon.

But in McMinnville are two other unlikely foes: the Oregon Court of Appeals and the Land Conservation and Development Commission.

State land-use officials today expressed concern over a recent Court of Appeals decision to overturn McMinnville’s urban growth boundary expansion, which was approved by LCDC in 2008. The remand adds even more time to a process that McMinnville started in 2000 as part of the state-required review of its comprehensive plan.

The Court of Appeals determined that LCDC incorrectly applied state statute in determining that the city had significant evidence to expand its UGB by 1,200 acres. The decision remanded the approval back to LCDC so the commission could make a better case for the expansion or make revisions to it.

鈥淲e believe the commission followed its own rules faithfully and acted reasonably in upholding McMinnville’s UGB amendment,鈥� said Department of Land Conservation and Development Acting Director Jim Rue. 鈥溾��It should concern anyone involved in Oregon planning that a process consuming several years and still reaching an uncertain conclusion is not good for the state land use planning program.鈥�

The UGB expansion’s approval was appealed by 1000 Friend of Oregon, the state-wide land-use advocacy group. The group appealed the original approval of the expansion to LCDC in 2006. Then after changes were made and it was approved by LCDC, the group appealed it to the Court of Appeals, the final land-use decision maker in the state.

But now that the Court of Appeals has sided against the other state land-use decision maker, LCDC, no one is sure how to proceed.

鈥淭he implications, while initially troubling, are not fully understood by many planners or lawyers,鈥� said Richard Whitman, former DLCD director and current natural resources policy director to Gov. John Kitzhaber. 鈥淚t will take some time to understand and resolve the issues raised in this decision. I expect to engage (Rue) and stakeholders from around the state to craft a workable solution.鈥�