HomeMy WebLinkAboutCorrespondence Miscellaneous 4/20/2010
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L1MBIRD Andrew
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Bill Kloos [billkloos@landuseoregon.com]
Wednesday, April 14, 20102:29 PM
Mary Bridget Smith .
Bill Wellard (bwellard@thechildcenter.org); Quince Sterry (Quince@tbg-arch.com); Damien
Gilbert (damien@branchengineering.com); Bill Kloos
Child Center and Fees
Montgomery v. Dunes City LUBA No. 2009-1254.13.201 O.pdf
Subject:
Attachments:
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Please see the attached freshly minted lUBA opinion on jurisdiction to review processing charges. This is a pretty
comprehensive review of the law, including a flagging of conflicts in the cases that need to get sorted out. (lots of
future employment for lawyers here.).
But, as for the Child Center matter, I think lUBA is pretty clear that a dispute about filing fees that is resolved in the
context of a land use decision is something that does go to lUBA. See discussion starting at page 18.
I am advising my client, based on this, that if all issues are resolved, save for the fee issue, we can take that fee issue to
lUBA following the Planning Commission decision. (I do not have instruction to do that, at this point.) But given the
magnitude of the fees issue here, it is worth considering.
Bill Kloos
law Office of Bill Kloos, PC
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