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Council adopts ordinance clarifying vacation-of-right-of-way appeals go to circuit court
Summary
Ordinance 17-69 clarifies that street/right-of-way vacations in West Linn follow ORS chapter 271 and are policy decisions appealable to the circuit court rather than LUBA; council adopted the ordinance unanimously on second reading.
City attorney staff presented ordinance 17‑69, which clarifies the city code so that vacations of public right‑of‑way, easements and other public property follow the procedure in ORS chapter 271 and are appeals to the circuit court rather than the Land Use Board of Appeals (LUBA).
Kristen (legal staff) explained the issue: "This proposed ordinance specifies that vacations in West Linn follow the process established by state law and are policy decisions appealable to circuit court and not land use decisions appealable to LUBA." She noted the city’s October 2025 ordinance had repealed older language but had not clarified the appeals path, making the change necessary to avoid ambiguity.
Council moved and seconded approval of the ordinance’s first and second readings. The council voted unanimously to adopt ordinance 17‑69; staff noted the change aligns West Linn with neighboring cities that rely on ORS chapter 271 procedures for vacations.
