The Oregon Court of Appeals has upheld the Land Use Board of Appeals' (LUBA) decision regarding the rezoning of Port Westward near Clatskanie.
The decision, announced on Wednesday morning, May 22, means that LUBA's original decision stands.
"LUBA concluded that the county’s findings in support of the exception were inadequate in one respect, but that the decision was otherwise sound," the opinion, released by the Court of Appeals, states. "We conclude that neither party has demonstrated that LUBA erred. We therefore affirm on the petition and cross-petition."
This means that LUBA's original decision stands, which means that the port will need to supply more information about potential land uses, and prove that those uses are not incompatible with adjacent land.
The Court of Appeals decision makes the proposed rezone from industrial land to agricultural land not yet possible.
The Chronicle is reaching out to the Port of Columbia County and to Columbia Riverkeeper, a group opposing the rezoning. We hope to have that part of this developing story later today.
This article has been updated to correct an original sentence that stated that LUBA's decision finds the uses incompatible with adjacent property uses. The decision actually reflect LUBA's original remand for more information for uses that are compatible with adjacent properties.