Development projects impacted by land use disputes and challenges are represented by Schwabe.
When faced with obstacles stalling development projects, clients rely on Schwabe’s land use lawyers to advocate for them in and out of court.
In anticipation of potential appeals, we take a proactive approach by assembling a solid administrative record throughout the development process that can withstand later scrutiny.
Whether appealing zoning decisions and permit denials or confronting challenges from community members and project competitors, we pride ourselves on providing strategic and efficient dispute resolution.
We regularly represent clients before governmental entities, such as the Oregon Land Use Board of Appeals and state and federal courts, to defend land use approvals and get our clients’ projects back on track.
Schwabe attorneys have extensive experience tackling a variety of litigation and appeal matters, such as:
- Matters before the Oregon Land Use Board of Appeals, Oregon Court of Appeals, Washington State Growth Management Hearings Board, Washington Shorelines Hearings Board, and Washington Pollution Control Hearings Board
- Contested case hearings under the federal Administrative Procedure Act
- Exactions, dedications, and other conditions of approval that violate constitutional nexus and proportionality requirements
- 120-day mandamus actions and other trial work, including declaratory judgments, injunctions, and damages/compensation for constitutional violations
- Washington Growth Management Act
- Washington State Environmental Policy Act and National Environmental Policy Act
- Other federal administrative appeals (e.g., to the Environmental Protection Agency) and land use appeals (writ actions, declaratory judgments, and injunctive relief)
- 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.
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