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YOUNGER v. CITY OF PORTLAND

LUBA 86-046; CA A43194; SC S34287.

752 P.2d 262 (1988)

305 Or. 346

Ralph and Carolyn YOUNGER, Robert and Debbie Russell, Lou and Kathy Jaffe, Raymond and Catherine A. Honerlah, Robert Hardin, Jr. and Kristy Hardin, Marilyn Schultz, Dr. Robert J. and Susan Nelson, Anthony and Reggie Barsotti, Ron and Jane Cease, Joe B. and Jo Hansen, Timothy and Marla Nathman, the Neighborhood Protection Coalition, William A. Gaylord, and Stewart A. Martin, Petitioners On Review, v. CITY OF PORTLAND, Fred Meyer Real Estate Properties, Ltd., and Hyster Company, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided March 29, 1988.

Attorney(s) appearing for the Case

Mark J. Greenfield, Portland, argued the cause for petitioners on review. With him on the brief were Edward J. Sullivan and Mitchell, Lang & Smith, Portland.

Kathryn Beaumont Imperati, Chief Deputy City Atty., Portland, argued the cause for respondent on review City of Portland. With her on the briefs was Peter A. Kasting, Deputy City Atty., Portland.

Susan M. Quick, Washburn & Kemp, San Francisco, Cal., argued the cause for respondents on review Fred Meyer Real Estate Properties, Ltd. and Hyster Co.

Robert C. Cannon, Marion County Legal Counsel, Salem, filed an amicus curiae brief on behalf of Marion County, Oregon.

LENT, Justice.

The Land Use Board of Appeals (LUBA) may reverse or remand a local government's land use decision if the decision is "not supported by substantial evidence in the whole record." ORS 197.835(8)(a)(C). The issue is whether LUBA must evaluate the substantiality of evidence supporting a decision by considering the supporting evidence alone or by considering all the evidence in the record, including countervailing...

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