Roberts v. City of Cannon Beach

Summary

The court held that the statutory requirement for local governments to use only clear and objective standards regulating the development of housing did not apply to petitioners' separate application to develop a public road on an adjacent public right-of-way. Because the city was not requiring the road as a condition of approving the proposed house, it could apply its subjective geologic-hazards standards to the road application. The Court of Appeals decision was affirmed, the LUBA order was affirmed in part and reversed in part, and the matter was remanded for further proceedings.