Petitioners appealed LCDC’s periodic review approval of an expansion of the urban growth boundary (UGB) of the City of McMinnville which redesignated previously rural lands for various types of urban uses. The primary issue in the case was the relationship between ORS 197.298, a statute that prioritizes the types of land that can be added to a UGB and the Goal 14 UGB factors as they existed in 2005, which the city was authorized to apply in this case.
In Mellish v. Frog Mountain Pet Care, the Washington Supreme Court considered the effect of Mellish’s motion for reconsideration by the hearings examiner of his decision to approve a conditional use permit and variance to expand Frog Mountain, a dog and cat boarding facility. The original decision was made on June 18, 2007. The local code allowed an opponent to file such motion without providing notice to the applicant. The hearings examiner considered the motion and again approved the application. The decision on the motion for reconsideration before the hearings examiner was made on July 20, 2007.
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