Oregon Statutes 197.828 – Board review of limited land use decision
(1) The Land Use Board of Appeals shall either reverse, remand or affirm a limited land use decision on review.
Terms Used In Oregon Statutes 197.828
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(2) The board shall reverse or remand a limited land use decision if:
(a) The decision is not supported by substantial evidence in the record. The existence of evidence in the record supporting a different decision shall not be grounds for reversal or remand if there is evidence in the record to support the final decision;
(b) The decision does not comply with applicable provisions of the land use regulations;
(c) The decision is:
(A) Outside the scope of authority of the decision maker; or
(B) Unconstitutional; or
(d) The local government committed a procedural error which prejudiced the substantial rights of the petitioner. [1991 c.817 § 2]