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Formerly the home of Beaumont-Wilshire Neighbors for Responsible Growth, the Portland Land Matters blog explores citywide land-use concerns, such as home demolitions, with the belief that development should create an improvement.

Monday, September 9, 2013

The stumble toward Salem continues

A little light reading for LUBA, if it arrives.
When it seemed like the appeal to the state Land Use Board of Appeals (LUBA) was finally proceeding as normal, and that the permit would not be withdrawn by the city and developer a third time, it actually looked like we would sooner rather than later achieve our day in court.

After our third filed notice of intent to appeal, the next step in the process had been for the city to produce the record of its permit decision—the paperwork generated in issuing the building permit for the contested project, a four-story 50-unit building set for Northeast Fremont between 44th and 45th avenues. Twice before, as the deadline neared to deliver the record to LUBA, the permit was yanked, and Beaumont-Wilshire Neighbors for Responsible Growth had to restart the process from Square One.

It is unprecedented to experience so many roadblocks of this kind, and while the hammers ring at Wally's World on Fremont, we bemoan the delay in the chance to be heard at the state level, to ask that all developers follow the same code. Otherwise, why have one?

To make the long story longer, the good news is that we received the record. The bad news: LUBA didn't. Whether it's oversight by the courier or the city, the missed deadline brings another anomaly to an already interesting case.

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