City of Sandy v. Metro

115 P.3d 960, 200 Or. App. 481, 2005 Ore. App. LEXIS 804
CourtCourt of Appeals of Oregon
DecidedJuly 6, 2005
Docket2004-107; 2004-108; 2004-109; A127336
StatusPublished
Cited by1 cases

This text of 115 P.3d 960 (City of Sandy v. Metro) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Sandy v. Metro, 115 P.3d 960, 200 Or. App. 481, 2005 Ore. App. LEXIS 804 (Or. Ct. App. 2005).

Opinions

EDMONDS, P. J.

Metro, a metropolitan service district encompassing land in Multnomah, Washington, and Clackamas counties including the City of Hillsboro, passed an ordinance amending several provisions of its code. The amendment, among other things, moved Hillsboro’s urban growth boundaries and directed Hillsboro to examine its industrial zoning districts and amend them if necessary to conform to Metro’s direction. Hillsboro challenged the ordinance before the Land Use Board of Appeals (LUBA), arguing that, in enacting the ordinance, Metro exceeded its constitutional, statutory, and charter authority. LUBA rejected Hillsboro’s arguments, and Hillsboro seeks judicial review.1 ORS 197.850. We affirm.

I. BACKGROUND

Because this case concerns the scope of Metro’s authority, some background concerning the constitutional, statutory, and charter sour ces of that authority, as well as the relation of those sources to each other, will provide necessary context.

In 1969, the Legislative Assembly enacted “The Metropolitan Service District Act,” subsequently codified as ORS chapter 268, in order to enable the creation of “multipurpose districts to provide public services in metropolitan areas.” Or Laws 1969, ch 700, relating clause and § 1. Metro, then known as the Metropolitan Service District, was formed in 1970; it dealt primarily with the Portland Zoo and sewage. In 1977, the Legislative Assembly amended chapter 268. The amendments specified that, despite its generic references to “metropolitan areas,” that term meant areas within the boundaries of Clackamas, Multnomah, and Washington [485]*485counties. Or Laws 1977, ch 665, § 2(3). The amended legislation assigned Metro a variety of land use planning responsibilities, including adoption of district land use planning goals and coordination of existing comprehensive plans within the district. Id. at § 17, codified as ORS 268.380 (1977). The statute required Metro to adopt “functional plans” to deal with particular issues of districtwide impact, including air quality, water quality, and transportation. Or Laws 1977, ch 665, §§ 18(1), (2), codified as ORS 268.390(1), (2) (1977).

For over a decade, Metro existed purely as a creature of the legislature. Then, in 1990, the state’s voters passed a constitutional amendment allowing “any metropolitan service district” to adopt a charter enabling it to enact district legislation on matters of metropolitan concern. Or Const, Art XI, §§ 14(3), (6). Shortly thereafter, in 1992, Metro electors chose to avail themselves of Article XI, section 14; they adopted a charter and constituted Metro as a home rule district.

The charter required Metro to adopt a “Regional Framework Plan” (RFP) to address growth management and land use issues that, in the opinion of Metro’s governing body, the council, would benefit from regional planning. Metro Charter, ch II, §§ 5(2)(a), (b). The charter specified that the council “may adopt the regional framework plan in components.” Id. “Functional plans” as described above — limited, issue-specific programs — are components of the RFP. Metro Code (MC) 3.07.010; 1000 Friends of Oregon v. Metro, 174 Or App 406, 423-24, 26 P3d 151 (2001). The ordinance at issue in this case is part of such a functional plan, the Urban Growth Management Functional Plan.

Recognizing that Metro electors had “enacted a charter” and that there were “discrepancies and conflicts between [that charter and] state law,” the 1997 Legislative Assembly enacted a statute designed “to conform [Metro’s organic statute,] chapter 268 and other state laws to the 1992 Metro Charter.” Or Laws 1997, ch 833, § 2.

This historical and structural background puts in perspective the issue presented by the disputed Metro ordinance. In order to affirm LUBA and conclude that the ordinance is valid, we must first conclude that the ordinance is within the authority that Metro has given itself in its own [486]*486charter; that the charter’s grant of authority is itself within the charter power conferred on Metro by relevant provisions of the constitution and statutes, in particular by Article XI, section 14, ORS 268.380, and ORS 268.390 (reproduced below); and that those constitutional and statutory provisions do not themselves violate any provision of the constitution, in particular Article XI, section 2, which deprives the legislative assembly of authority to interfere with a city’s ability to structure its own government. La Grande / Astoria v. PERB, 281 Or 137, 576 P2d 1204, adh’d to on reh’g, 284 Or 173, 586 P2d 765 (1978).

II. THE METRO ORDINANCE

As authorized by statute and by its charter, Metro has enacted an RFP, one component of which is a functional plan called the Urban Growth Management Functional Plan. ORS 197.633 requires periodic review of such plans by the Land Conservation and Development Commission (LCDC) in order to ensure compliance with statewide goals. In response to such a review, Metro passed an ordinance containing amendments to several provisions of its code. The dispute in this case focuses on several of those amendments. One of them designates a particular site (the Helvetia site) to be included within Hillsboro’s urban growth boundary, despite the fact that Hillsboro preferred a different site (the Evergreen site). The remainder of the disputed amendments (the “Title 4” amendments) apply to Hillsboro’s code. In LUBA’s terms, those Title 4 amendments “have the effect of requiring that cities within Metro’s jurisdiction take future action to amend their zoning ordinances and subdivision regulations to include specific limitations on certain lands that are planned for industrial and employment uses.” In particular, the Title 4 amendments restrict office and other commercial uses of industrial land in order to keep that land available for industrial development, contrary to the preference of Hillsboro.

As noted above, Hillsboro challenged the amendments before LUBA; LUBA rejected the challenge, and Hillsboro renews its challenges on judicial review, making the same arguments that it made below.

[487]*487Regarding the disputed change to Hillsboro’s urban growth boundary, Hillsboro bases its argument on the contention that Metro had an obligation to exercise “coordinative functions,” ORS 268.385(1), for “all planning activities affecting land uses within * * * Multnomah, Clackamas and Washington Counties,” including activities instituted by cities, ORS 195.025(1).

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Related

City of Sandy v. Metro
115 P.3d 960 (Court of Appeals of Oregon, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
115 P.3d 960, 200 Or. App. 481, 2005 Ore. App. LEXIS 804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-sandy-v-metro-orctapp-2005.