Land Use Board of Appeals Decision
After Multnomah County hearings officer rendered a decision in favor of the Portland Water Bureau land use approval for building water filtration plant on 94 acres on rural farmland, the fight was taken in appeals to LUBA (Land Use Board of Appeals)
LUBA rendered a decision on the legal fight to stop the water filtration plant on January 22, 2025, stating
"The hearings officer misconstrued the community use natural resources criterion and, based on that misconstruction, failed to adopt adequate findings supported by substantial evidence. The county's decision is remanded."
(LUBA No. 2023-086, Final Opinion and Order)
What this means:
The state has sent the case back to the county for review as they determined that the PWB had not adequately address the impact on the natural resources. Multnomah county must require PWB to provide evidence of no negative impact on the resources affected as posed by the litigants. Litigants must likewise provide arguments showing the plant's negative impacts. During this process, the PWB can continue in its building process unless a stop order is rendered by Multnomah County while a decision is pending.
Please consider supporting the fight as we take on this government massive spending spree!
LUBA rendered a decision on the legal fight to stop the water filtration plant on January 22, 2025, stating
"The hearings officer misconstrued the community use natural resources criterion and, based on that misconstruction, failed to adopt adequate findings supported by substantial evidence. The county's decision is remanded."
(LUBA No. 2023-086, Final Opinion and Order)
What this means:
The state has sent the case back to the county for review as they determined that the PWB had not adequately address the impact on the natural resources. Multnomah county must require PWB to provide evidence of no negative impact on the resources affected as posed by the litigants. Litigants must likewise provide arguments showing the plant's negative impacts. During this process, the PWB can continue in its building process unless a stop order is rendered by Multnomah County while a decision is pending.
Please consider supporting the fight as we take on this government massive spending spree!