Development projects impacted by land use disputes and challenges are represented by Schwabe.

Experience

  • Defended a SEPA appeal brought against a subdivision in Pierce County, which allowed the project to proceed on time and as proposed.
  • Successfully litigated Growth Management Act challenges ‎ultimately dismissed as moot by the Washington Court of ‎Appeals.
  • Obtained a favorable bench trial decision regarding a private ‎easement in a public right of way.‎
  • Litigated and mediated a mixed-use condominium association ‎dispute and negotiated mutually-agreeable compromise, bringing ‎an end to decade-long dispute others thought intractable.‎
  • Successfully represented a destination resort ‎developer in numerous land-use appeals before the ‎Oregon Land Use Board of Appeals (LUBA), Oregon Court of ‎Appeals, and Oregon Supreme Court.‎
  • Successfully represented Wasco County in the Land Use Board of Appeals proceeding involving Gorge Act.‎
  • Defended a local legislative text amendment before the Land Use Board of Appeals and Oregon Court of Appeals, ensuring compliance with the federal Religious Land Use and Institutionalized Person Act.
  • Successfully defended LUBA appeals of residential and mixed-use projects in Washington County, Oregon City, and Canby.
  • Obtained settlements with local governments on behalf of a number of individual land owners in disputes concerning code compliance and required public improvements.
  • Secured affirmance at Land Use Board of Appeals and the Court of Appeals for 5 separate development approvals. 
  • Successfully defended multiple appeals of single-family subdivisions before the Oregon Land Use Board of appeals, concerning Oregon’s “needed housing statutes.”
  • Successfully defended construction of a new street in Arch Cape, Oregon before the Oregon Land Use Board of Appeals.
  • Successfully defended construction of a single-family subdivision in Salem, Oregon, before the Oregon Land Use Board of Appeals.

Sign up

Ideas & Insights