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DLCD. v. KLAMATH COUNTY

2007009, A135614.

168 P.3d 1241 (2007)

215 Or. App. 297

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Petitioner, v. KLAMATH COUNTY, Thomas Ankeny and Lewis Ankeny, Respondents.

Court of Appeals of Oregon.

Decided October 2, 2007.

Attorney(s) appearing for the Case

Richard M. Whitman, Attorney-In-Charge, Natural Resources Section, argued the cause for petitioner. With him on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Senior Assistant Attorney General.

Reginald R. Davis, Klamath County Counsel, argued the cause and filed the brief for respondent Klamath County.

Michael L. Spencer, Klamath Falls, argued the cause and filed the brief for respondents Thomas Ankeny and Lewis Ankeny.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and SCHUMAN, Judge.

LANDAU, P.J.

At issue in this case is whether the Land Use Board of Appeals (LUBA) has jurisdiction to review an ordinance adopted by a local government that modifies existing zoning ordinances in response to a claim filed under the statute adopted by initiative and known as "Measure 37." ORS 197.352. LUBA concluded that it does not have jurisdiction. We agree and affirm.

We begin with a brief explanation of the relevant statutes to provide context for an...

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