LBJ Motel Corp. v. Salem

Court of Appeals of Oregon

LBJ Motel Corp. v. Salem

584 P.2d 361, 36 Or. App. 323, 1978 Ore. App. LEXIS 1883

CourtCourt of Appeals of Oregon

DecidedSeptember 25, 1978

DocketNo. 103762, CA 10548

StatusPublished

This text of 584 P.2d 361 (LBJ Motel Corp. v. Salem) 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

LBJ Motel Corp. v. Salem, 584 P.2d 361, 36 Or. App. 323, 1978 Ore. App. LEXIS 1883 (Or. Ct. App. 1978).

Pincite

Opinion

PER CURIAM.

Petitioners obtained a writ of review seeking review of the decision of the City of Salem adopting a sign ordinance eliminating free-standing signs. The circuit court quashed the writ and petitioners contend on appeal that the writ of review is a "* * * proper remedy for challenging failure to apply the LCDC [Land Conservation and Development Commission]' goals to a legislative land-use decision.” Assuming, arguendo, that a sign ordinance is a land-use decision, the fact remains that a legislative land-use decision is not subject to judicial scrutiny in a writ of review proceeding. Parelius v. City of Lake Oswego, 22 Or App 429, 539 P2d 1123 (1975); Culver v. Dagg, 20 Or App 647, 532 P2d 1127, rev den (1975).

Affirmed.

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PER CURIAM.

Petitioners obtained a writ of review seeking review of the decision of the City of Salem adopting a sign ordinance eliminating free-standing signs. The circuit court quashed the writ and petitioners contend on appeal that the writ of review is a "* * * proper remedy for challenging failure to apply the LCDC [Land Conservation and Development Commission]' goals to a legislative land-use decision.” Assuming, arguendo, that a sign ordinance is a land-use decision, the fact remains that a legislative land-use decision is not subject to judicial scrutiny in a writ of review proceeding. Parelius v. City of Lake Oswego, 22 Or App 429, 539 P2d 1123 (1975); Culver v. Dagg, 20 Or App 647, 532 P2d 1127, rev den (1975).

Affirmed.

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584 P.2d 361, 36 Or. App. 323, 1978 Ore. App. LEXIS 1883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lbj-motel-corp-v-salem-orctapp-1978.

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