Oregon Supreme Court Upholds Ruling that Reverses and Remands Land Use Board’s Decision on Aurora State Airport Master Plan
December 14, 2021 — On December 9, 2021, the Oregon Supreme Court dismissed an appeal that resulted in upholding a June 16, 2021, decision by the Court of Appeals, which declared that the Department of Aviation misapplied state land-use laws in approving the contentious 2011-12 Aurora State Airport Master Plan.
The Supreme Court affirmed the Court of Appeals decision that reversed and remanded a December 2020 Land Use Board of Appeals (LUBA) decision on the master plan, finding that LUBA erred in excluding the prior critical 2011-12 master plan work from the record; in erroneously finding that the master plan did not propose airport development on Exclusive Farm Use (EFU) land; and also erroneously finding that any proposed new uses at the Aurora Airport are considered rural uses for land-use purposes.
The Cities of Aurora and Wilsonville, 1000 Friends of Oregon, Friends of French Prairie and Aurora Planning Commission Chair Joseph Schaefer filed an appeal with the court in March 2021 regarding a LUBA decision that dismissed their appeal challenging the legality of the 2011-12 master plan. LUBA ruled in December 2020 that it did not have jurisdiction to hear the appeal as land-use decisions of the Department of Aviation’s adoption of ‘findings of compatibility’ and approval of the 2011-12 Master Plan.
The 10-year-long controversy over the 2011-12 Aurora State Airport Master Plan originated with a confusing, convoluted process over several years, resulting in an invalid master plan that ignored Oregon public-process and land-use laws. Rather than seek to work with the impacted local communities adjacent to the airport, the Department of Aviation pressed forward with airport expansion efforts contrary to state law.
Aurora Mayor Brian Asher said, “LUBA caused this round-trip journey by claiming it lacked jurisdiction. But the speed and clarity of the Supreme Court decision are an unmistakable message that the old way of doing things no longer works.” Mayor Asher noted that the actions of the Department of Aviation at the Aurora State Airport are finally being judged through a land-use lens.
Wilsonville Mayor Julie Fitzgerald said, “The Oregon Supreme Court ruling validates the City of Wilsonville’s long-stated concerns that the controversial 2011-12 Aurora State Airport Master Plan does not comply with state land-use laws. This ruling should mandate that the state aviation agency pilot for a pending new 2021-22 Aurora State Airport master plan update a transparent, fair and equitable public process in accordance with Oregon public-process and land-use laws Unfortunately, the Department of Aviation just doesn’t get it—how to conduct a fair process with meaningful public engagement—and we now seek the Governor’s intervention in master planning process running amuck again.”
To see the Supreme Court’s list of denied petitions for review in Schaefer v. Oregon Aviation Board, click here:
To read the Court of Appeals’ opinion, Schaefer v. Oregon Aviation Board, 312 Or App 316 (2021), click here:
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