Brochure 4 in Findings Series

The Local Government Is Required to Adopt Written "Findings" That Explain the Criteria Which Apply to its Decision and Say How Those Criteria Have Been Satisfied.

Standards Are, Or Are Not, Met

Findings Must:

1. Identify of the relevant approval standards (i.e., standards and criteria).

2. Identify of the facts which were believed and relied upon by the decision maker(s).

3. Explain how those facts lead to the conclusion that the standards are, or are not, satisfied.

4. Respond to specific issues relevant to compliance with applicable approval standards and criteria that were raised by citizens in the proceedings.

5. State that the approval standards are met or that compliance is feasible and impose conditions that will ensure compliance.

This brochure is one of several in the "findings" series.1

Reversal or remand of land use decisions by LUBA is covered at OAR 661-010-007.

LUBA Opinions

When deciding a case, LUBA affirms (approves) the local decision, reverses (overturns) it, or remands (sends back) the decision to the local government for further consideration2 To receive a favorable ruling from LUBA, a petitioner should cite certain grounds for either reversal or remand that fall with LUBA’s scope of authority3

Reversal:

• Governing body exceeded its jurisdiction;

• Decision is unconstitutional; or

• Decision violates a provision of applicable law and is prohibited as a matter of law.

Remand:

• The findings are insufficient;

• The decision is not supported by substantial evidence in the whole record;

• Decision errors that prejudice the substantial rights of the petitioners; or

• Decision improperly construes the applicable law.

Reversals are rare. However, a significant number of LUBA decisions are remands.

More Information

Arguing The Merits. This usually boils down to arguing the merits of the land use request.

1. Inadequate Findings

2. Lack of Substantial Evidence

3. Misconstrued Applicable Law

4. Prohibited as a Matter of Law

The local government is required to adopt written "findings" that explain the criteria which apply to its decision and say how those criteria have been satisfied.4 This is a very important requirement which local governments often fail to meet.

Would you like to learn more about citizen involvement in land use planning? Contact a member of the Land Use Committee of the Hugo Neighborhood.

Land Use Advisor

Jim Just, Executive Director

Goal One Coalition

39625 Almen Drive

Lebanon OR 97355

541-258-6074

Footnotes

1. Hugo Neighborhood Association & Historical Society. 2003. Land Use Decisions: What Are Findings?. Brochure 1 in Findings Series. Grants Pass, OR.

2. ORS 197.835(1).

3. ORS 197.835(5)-(10); OAR 661-010-0071; OAR 661-010-0073.