Roberts v. City of Cannon Beach

Summary

The court held that the statutory requirement to use only clear and objective standards for regulating housing development did not apply to the proposed public road on an adjacent public right-of-way. Because the city was therefore permitted to apply its subjective geologic-hazards standards to the road application, the court affirmed the Court of Appeals and remanded for further proceedings concerning LUBA's order. The court reasoned from statutory text, context, legislative history, and the presumption against displacing municipal home-rule authority.