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Jan 6, 2014

Oregon Court of Appeals: Close doesn鈥檛 cut it

  In our November 2010 column for the 91视频 we wrote about the agonizing 15-year odyssey endured by the city of Woodburn to amend its urban growth boundary (UGB) to […]

Dec 9, 2013

Another win for Oregon regional problem-solving process

Many people in the Portland-metro area (particularly during elections) like to throw stones at Metro and bridle regional planning efforts. Given that undercurrent of resentment here, it is interesting to note that Jackson County, and most of its cities, last year completed a 13-year journey to embrace regional government land use planning.

Nov 11, 2013

Exactions now include impact fees, but what else?

  In Koontz v. St. Johns River Water Management District, the U.S. Supreme Court held that monetary exactions, like requirements to dedicate real property, are subject to the nexus and […]

Oct 7, 2013

The importance of 鈥榬aise it or waive it鈥�

  The 2013 Oregon Legislature had before it a proposal to apply “raise it or waive it” to legislative matters, plan amendments or land use ordinance revisions. The Legislature rejected […]

Sep 10, 2013

The trouble with inadequate findings

  Although not identified within the statutorily-prescribed scope of review of Oregon’s Land Use Board of Appeals, all decisions approving proposed development against particular criteria must include adequate findings. As […]

Aug 12, 2013

Legislature modifies Oregon land use program

  While much of the attention on land use legislation in the 2013 Legislature focused upon wineries, employment lands in Hillsboro and budgets, significant changes also were made to the […]

Jul 8, 2013

U.S. Supreme Court expands its take on Takings Clause

  In a 5-4 decision last month, the United States Supreme Court ruled that a local government must make “rough proportionality” findings whether it approves or denies a development in […]

Jun 10, 2013

Court decision paves way for greater federal involvement in land use

  On May 20, the United States Supreme Court handed down a decision affirming a sweeping declaratory ruling by the Federal Communications Commission that established a “shot clock” (or time […]

May 6, 2013

Oregon planning program approaching 40

The current Oregon land use program is nearly 40 years old. The fact that the program has survived is important. The programs of other states have not fared as well.

Apr 9, 2013

U.S. Supreme Court affirms EPA鈥檚 interpretation of Clean Water Act

Attorneys Ed Sullivan and Carrie Richter analyze the Supreme Courts' recent ruling in Decker v. Northwest Environmental Defense Center, a decision that could indicate a change is on the horizon when it comes to agency interpretations the Clean Water Act.

Mar 12, 2013

A Portland puzzle: residential parking and transit

In this month's Oregon Land Use column, attorneys Edward Sullivan and Carrie Richter take a close look at the Oregon Land Use Board of Appeals' decision that brought to a halt construction on a multifamily project on Southeast 37th Avenue and Division Street.

Jan 9, 2013

U.S. Supreme Court finds corps could be liable for government-induced flooding

In November, we noted a pending U.S. Supreme Court case, Arkansas Game and Fish Commission v. United States, which involved continual but temporary flooding of the Dave Donaldson Black River […]



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