Dudek v. Umatilla County

69 P.3d 751 (2003)

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Dudek v. Umatilla County

Oregon Court of Appeals
69 P.3d 751 (2003)

RW

Facts

Under the Umatilla County, Oregon (defendant) zoning ordinance, a developer seeking county approval for a new subdivision had to improve any public road in the area that might experience increased traffic due to the new development. The county decided to excuse Danny Smith (defendant) from this exaction. Smith’s proposed subdivision affected only a small stretch of Jerico Lane, a 3,500-foot-long public road that served 18 other property owners. If the county enforced the exaction, Smith would have to pay each of those landowners for 10-foot easements across their lots so that the road could be widened. The county estimated that Smith’s subdivision would add only 15 percent to Jerico Lane’s daily traffic load. Clelan Dudek and other residents of Jerico Lane sued Smith and the county to overturn the county’s decision. After the Land Use Board of Appeals (LUBA) affirmed that decision, Dudek and his neighbors appealed to the Oregon Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Deits, C.J.)

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