Dean v. Lincoln County

329 Or. App. 811

Opinion

No. 691 December 28, 2023 811

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

IN THE COURT OF APPEALS OF THE STATE OF OREGON

Tim DEAN, Tracey Dean, Richard E. Cave, Jane C. Gibbons, John Blackburn, Jay Bennett, Laurie Bennett, Linden Knapp, Ruth Knapp, Royce Trammell, Julie D. Reading, and Dale Niebert, Petitioners, v. LINCOLN COUNTY, Respondent. Land Use Board of Appeals 2023020; A182468

Argued and submitted December 4, 2023. Heather A. Brann argued the cause for appellant. Also on the brief was Heather A. Brann PC. Christopher D. Crean argued the cause for respondent. Also on the brief were Emily M. Matasar, and Beery, Elsner & Hammond, LLP. Before Ortega, Presiding Judge, and Lagesen, Chief Judge, and Powers, Judge. POWERS, J. Affirmed. 812 Dean v. Lincoln County

POWERS, J. Petitioners seek judicial review of a final order by the Land Use Board of Appeals (LUBA) that granted Lincoln County’s motion to dismiss for lack of jurisdiction and granted petitioners’ motion to transfer the case to cir- cuit court. LUBA concluded that Lincoln County’s order establishing geographic subareas for short-term rental (STR) licenses and establishing limits on the number of STR licenses in each subarea was not a land use decision for pur- poses of LUBA jurisdiction. See ORS 197.825(1) (providing LUBA with exclusive jurisdiction, subject to specified excep- tions not applicable here, to review any “land use decision or limited land use decision”). On review, petitioners contend that LUBA erred in concluding that the challenged decision was not a land use decision and in refusing to review the order under Barnes v. City of Hillsboro, 239 Or App 73, 243 P3d 139 (2010). We have reviewed petitioners’ arguments on review and conclude that those arguments do not provide any reason to disturb LUBA’s decision. Affirmed.