LUBA reverses Hillsboro airport zoning

Carla Axtman

In a rather stunning repudiation of a City of Hillsboro zoning ordinance, the Oregon Land Use Board of Appeals (LUBA) has reversed the ordinance extending the Airport Safety and Compatibility Overlay zones to properties within 6,000 feet of the Hillsboro Airport runways. The ordinance would require all new development within the new airport use and airport overlay zone grant an avigation easement to the Port of Portland without compensation. LUBA found the ordinance unconstitutional under the Fifth Amendment of the US Constitution and Art. 1, Sec. 18 of the Oregon Constitution.

Banks resident Miki Barnes brought the appeal. A statement released today by Barnes' attorneys notes that this case prevents the "..City from overreaching in its efforts to grant the airport widespread access to neighboring property to directly and adversely impact new development which may not even affect airport operations."

More from the Oregonian here.

The way I understand it, it's rare for LUBA to grant a full reversal like this. Apparently Barnes' team made a good case. I wonder how many land use attorneys are now looking at this and seeing a path to pushing back on urban reserves in Washington County for those farmers who are forced into them against their will.

  • (Show?)

    I have been following this issue closely and believe it has far ranging landuse process implications.

    Ms. Barnes actually won on all three assignments of error. (1) Unconsitutional takings (2) Unconstitutional delegation of the City's legal responsiblities to the PoP (3) Failure of the city to require a traffic impact study.

    Also there were other sub-decisions that may impact the way new zones are created and applied.

    Well done Ms. Barnes and THANK YOU!

  • (Show?)

    As a resident of Hillsboro, I'm very pleased with Barnes' victory. The Hillsboro Airport is a major source of air pollution, noise pollution, and carbon emissions in this city, and should not be expanded. The United Kingdom is looking as curtailing airport expansion as a way to reduce carbon emissions, and we should be doing the same thing here.

connect with blueoregon