LUBA Rejects Appeal on Meyer Farm, Affirms City Decision

Here's some real news. LUBA denied the appeal on the Meyer Farm and affirmed the City's decision.

LUBA decision on Meyer Farm

On "reasonable design alternatives," LUBA says

Intervenor argues, and we agree, that nothing in the express language of SRC 808.035(d)(2) requires an applicant to propose multiple design alternatives to prove that no reasonable design alternative exists. The city's interpretation of SRC 808.035(d)(2), which petitioners do not challenge, is also entitled to deference.

In other parts of the decision, LUBA declines to try to determine what is true, and says mainly that the City has met the requirements for plausibility, that based on the evidence and analysis the City's decision is reasonable.

We conclude that the city council could reach the conclusion it reached based on the record before it.

Where LUBA requires strict adherence to technical details in the law, and where LUBA allows a great deal of discretion and fudge factor is just fascinating. 

In any case, the outcome here is not a surprise. Maybe there will be more to say later, especially if there is further appeal, or if legal minds comment in more detail on LUBA's decision.

See previous notes on the Meyer Farm here.