OAR 661-010-0073: Reversal or Remand of Limited Land Use Decisions

(1) The Board shall reverse a limited land use decision when: (a) The governing body exceeded its jurisdiction; (b) The decision is unconstitutional; or (c) The decision violates a provision of applicable law and is prohibited as a matter of law. (2) The Board shall remand a limited land use decision for further proceedings when: (a) The findings are insufficient to support the decision, except as provided in ORS 197.835(11)(b); (b) The decision is not supported by substantial evidence in the record. The existence of evidence in the record supporting a different decision shall not be grounds for reversal or remand if there is evidence in the record to support the final decision; (c) The local government committed a procedural error which prejudiced the substantial rights of the petitioner(s); (d) The decision improperly construes the applicable law, but is not prohibited as a matter of law; or (e) All parties stipulate in writing to remand.