Court Of Appeals Reverses LUBA Decision On Morrison Park Property

In a decision issued Wednesday, the Oregon Court of Appeals reversed and remanded the Land Use Board of Appeals reaffirmation of the City of Hood River’s decision to approve a zone change for the Morrison Park property from Open Space/Public Facilities to Urban High Density Residential for developing affordable housing.  In the majority decision, the Court found the City’s interpretation of policy in its Comprehensive Land Use Plan calling for protection of park sites from incompatible uses on nearby properties but not on the park sites themselves was implausible.  One judge dissented, saying LUBA correctly deferred to the City’s interpretation.  Susan Garrett Crowley had appealed the City’s decision, and said in a statement after the ruling was issued she hoped the City will now protect Morrison Park and its other parks.  In its own statement Columbia Cascade Housing Corporation, which has been partnering with the City in attempting to develop the property, said the decision adds to the complexity and path forward towards that goal, but it remains committed to the effort.

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