Lake Oswego Preservation Society v. City of Lake Oswego

The issue this case presented for the Oregon Supreme Court's review called for a review of ORS 197.772(3): if a local historic designation is imposed on a property and that property is then conveyed to another owner, may the successor remove that designation? The local government concluded that it was required to grant the successor-owners’ request, but on appeal the Land Use Board of Appeals (LUBA) disagreed, concluding that the right to remove imposed designations did not apply to successors-in-interest like the owners in this case. After review, the Supreme Court concluded that, although the legislature intended ORS 197.772(3) to provide a statutory remedy for certain owners whose property was designated as historic against their wishes, the legislature also intended that owners who acquired property after it had been designated would be bound by that designation and by any resulting restrictions on the use and development of that property. Accordingly, the Court agreed with LUBA that the right to remove an historic designation under ORS 197.772(3) applied only to those persons who owned their properties at the time that the designation was imposed and not to those who acquired them later, with the designation already in place. The Court therefore reversed the decision of the Court of Appeals and affirmed LUBA’s final order. View "Lake Oswego Preservation Society v. City of Lake Oswego" on Justia Law