(Download) "Montgomery v. City of Dunes City" by The Texas Court of Criminal Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Montgomery v. City of Dunes City
- Author : The Texas Court of Criminal Appeals
- Release Date : January 07, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Petitioner City of Dunes City (the city) seeks judicial review, and respondent Montgomery cross-petitions for judicial review, of an order of the Land Use Board of Appeals (LUBA) in which LUBA remanded the citys denial of respondents application for the approval of a preliminary subdivision plat. We reject without discussion the citys two assignments of error concerning LUBAs application of the substantial evidence standard and its remand for the city to interpret a provision of an erosion control ordinance. We write only to address respondents sole legal contention in his cross-petition. In particular, respondent contends that LUBA erred in concluding that, even though the city has identified that single-family housing is "needed housing" in its comprehensive plan, ORS 197.303(2)(a) excepts the city (which has a population of less than 2,500 residents) from reviewing applications for the development of such housing under the "clear and objective" standards prescribed in ORS 197.307(6). We determine that LUBAs order in that regard was "unlawful in substance," ORS 197.850(9)(a), and, consequently, reverse, in part, and remand.