The Oregon Court of Appeals has affirmed the State Land Use Board of Appeal’s (LUBA’s) decision regarding the tentative approval of the Deerbrook Planned Unit Development (PUD). LUBA had affirmed the Eugene Planning Commission’s 4-3 decision to overturn the Eugene Hearings Official’s decision to deny the Deerbrook tentative PUD application.
Southeast Neighbors is extremely disappointed that the Court of Appeals affirmed LUBA’s decision without issuing an opinion explaining its rationale. Neighbors presented the Court with what it believed were clear violations of Neighbors’ procedural rights during the local land use process and important, unresolved questions of statutory law which should have precluded the development of the Deerbrook site altogether. That two prominent local non-profit organizations, Cascadia Wildlands and LandWatch Lane County, weighed in on the statutory interpretation question should have prompted the Court to recognize the importance of the issue before it. Nonetheless, whether it be due to lack of judicial resources or some other cause, the Court opted not to issue a decision resolving these matters, leaving LUBA’s decision standing.
Despite this setback, Neighbors remains committed to securing and preserving the Deerbrook site. To that end, Neighbors will continue to oppose the development in the next stages of the land use process and will continue to advocate for the transfer of the property into public hands. This site is simply too important to the Amazon Headwaters, the livability of Eugene, and our future generations to see it transformed by shingles and pavement.