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Council adopts ordinance clarifying right-of-way vacation appeals go to circuit court
Summary
The council unanimously adopted Ordinance 17-69, clarifying that street and right-of-way vacations follow ORS chapter 271 procedures and are policy decisions appealable to the circuit court rather than to the Land Use Board of Appeals (LUBA).
West Linn 9City Council adopted Ordinance 17-69 on Jan. 13, 2026, clarifying the municipal code to state that vacations of public rights-of-way, easements and related property are policy decisions appealable to the circuit court under ORS chapter 271.
Kristen, an attorney from the city legal department, told the council the municipal code and community development code previously lacked a clear process for vacations; that silence had made it arguable whether such decisions were land-use matters (appealable to LUBA) or policy decisions (appealable to circuit court). The proposed ordinance aligns West Linn with neighboring cities such as Tigard and Lake Oswego and adopts the state statutory process, including notice and hearing requirements and review based on public interest.
Councilors asked technical questions about the venue and appeal barriers; Kristen explained LUBA is generally a lower-barrier forum that land-use practitioners frequently use, and that clarifying the code to point to circuit court is consistent with the city's intent following Ordinance 17-63 in October 2025. The council approved first and second readings and adopted the ordinance by unanimous roll-call votes.
Under the new code language, property owners and petitioners will still be entitled to notice and hearing but will be directed to the circuit court for appeals rather than to LUBA. The city clerk will publish the ordinance and staff noted the change in appeal procedure for future applicants.
