TD Subdivision appealed to Land Use Board Of Appeals

Here is the location of the proposed subdivision that was denied by The Dalles City Council on Sept. 14.

By Tom Peterson

Legacy Development Inc. is formally appealing a recent The Dalles City Council decision to deny its 80-unit subdivision.

Attorneys for Legacy, Jordan Ramis PC, sent the notice of intent to appeal the decision to the Oregon Land Use Board of Appeals (LUBA) on Tuesday. Columbia Community Connection received a copy of it the same day.

LUBA could ultimately decide the validity of the denial and either affirm it or kick it back to The Dalles City Council for another hearing. If it is affirmed, Legacy Development can appeal it to the Oregon Court of Appeals.

The subdivision is planned for 6.92 acres at the corner of Richmond and 12th streets in east The Dalles.

Back on Sept. 14, a majority of council affirmed their view that the development would make unsafe streets within the general neighborhood even more so if the subdivision was built as currently planned. 

Legacy Development President Cameron Curtis has called out the need to provide quality housing for the “workforce and missing middle.” Rents are up to around $1,600 for a two bedroom, one bath home in The Dalles. Realtors and property managers make no bones about the need for additional housing as it is  outpacing the housing stock.

Taken from the LUBA website:

What is LUBA? LUBA consists of three Board members who are appointed by the Governor. They are attorneys who are “experts in land use planning law. 

How long does an appeal take?Answer: It varies from case to case. The general rule is that a final decision should be issued by LUBA within 77 days after the Respondent sends the record of its decision to LUBA for review. ORS 197.830(13). That deadline is extended when record objections or motions to take evidence not in the record are filed. It may also be extended for other motions or for cases involving particularly complex issues. You can learn the due date for a given LUBA decision by calling LUBA at (503) 373-1265. The average appeal, from start to finish, takes about four to eight months.

To learn more about the LUBA process click here.