LUBA Hears Oral Arguments in Deerbrook PUD Appeal


The Oregon Land Use Board of Appeals (LUBA) heard oral arguments in Southeast Neighbors’ appeal of the City of Eugene’s  approval of the Deerbrook PUD application.

Tod A. Bassham and Melissa M. Ryan presided at the hearing and informed the litigants that the 3rd LUBA board member would be reviewing the briefs and a recording of the proceedings. Our attorney Dan Snyder with the Law Offices of Charles M. Tebbutt, P.C. presented arguments supporting the neighborhood appeal and rebuttal of arguments in the cross-petition submitted by the applicants. The City of Eugene was represented by Emily Jerome and the PUD applicant was represented by Bill Kloos, Law Office of Bill Kloos, P.C.

Southeast Neighbors’ appeal identified five specific errors in the Planning Commision’s decision and requested that LUBA remand or reverse that decision.

The City of Eugene has not offered any arguments opposing the appeal.

Bill Kloos, arguing for the applicants, focused almost entirely on issues around mapping and measuring  slope to prove PUD compliance with the restriction on any grading in areas meeting exceeding 20% slope.  It has been their contention that this requirement is not valid because there is no agreed standard for how slope should be measured.

The LUBA decision in this case is expected by July 1.  Stay tuned for further developments.

One thought on “LUBA Hears Oral Arguments in Deerbrook PUD Appeal

  1. Thanks for the details, Heather. Kloos’s argument seems very weak but if it flies it shows the city is at fault for not defining slope clearly, or not accepting all the work Southeast Neighbors has done to make a case on this and related issues (erosion, etc.).
    Sorry I couldn[‘t make the Salem meeting. Joy

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