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PDT 15-1
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Last modified
12/18/2015 4:01:16 PM
Creation date
12/17/2015 9:14:46 AM
Metadata
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Template:
PDD_Planning_Development
File Type
PDT
File Year
15
File Sequence Number
1
Application Name
CHAMOTEE
Document Type
Appeal Materials
Document_Date
12/16/2015
External View
Yes
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I OAR 661-010-0071(1)(c) provides that LUBA shall reverse a land use decision <br />2 if the decision violates a provision of applicable law and is prohibited as a <br />3 matter of law. OAR 661-010-0071(2)(d) provides that LUBA shall remand a <br />4 land use decision for further proceedings when the decision misconstrues the <br />5 applicable law, but is not prohibited as a matter of law. As we understand the <br />6 current posture of this case, the city has identified no valid basis to deny <br />7 petitioner's application for needed housing. Accordingly, we believe that the <br />8 city's decision to deny the application is "prohibited as a matter of law," and <br />9 that reversal rather than remand is the appropriate disposition. <br />10 The city's decision is reversed. <br />Page 24 <br />
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