The Hillsboro Airport Zoning Challenge ("Petition for Review") was filed with the Oregon Land Use Board of Appeals (LUBA) in response to Airport Zoning Ordinance #5935 passed by the City of Hillsboro on January 19, 2010. This ordinance changed the zoning on approximately 7,100 properties within 6,000 feet of the Hillsboro Airport runways by applying the Airport Use Zone (AU) and the Airport Safety and Compatibility Zone (ASCO).
The Land Use Board of Appeals (LUBA) on June 30, 2010 in Barnes v. City of Hillsboro and the Port of Portland, LUBA No. 2010-011 reversed the Hillsboro Airport Overlay Zones and Airport Use Zone on all three counts:
- Unconstitutional takings of private property without just compensation.
- Unconstitutional delegation of governmental power to the non-elected, non-representative Port of Portland.
- Failure to comply with State Planning Goal 12 requiring a traffic impact study.
Links to documentation, LUBA:
- Petition for Review to LUBA challenging Hillsboro Airport Zoning Ordinance #5935, April 28, 2010 (PDF, 61 pages)
- Joint Respondents' Brief (City of Hillsboro and Port of Portland), May 19, 2010 (PDF, 41 pages)
- LUBA Decision Reversing the Zoning Ordinance, June 30, 2010 (PDF, 30 pages)
In response to LUBA's decision, on August 11, 2010, the City of Hillsboro and the Port of Portland submitted a brief to the State Court of Appeals appealing LUBA's decision. The League of Oregon Cities filed a supporting Amicus Curiae (Friend of the Court) Brief on August 18, 2010. Ms. Barnes's attorneys filed their response brief on September 1, 2010, and the Pacific Legal Foundation added a supporting Amicus Curiae Brief on September 7, 2010. On November 24, 2010, the Court of Appeals issued its opinion affirming LUBA's decision.
Links to documentation, Court of Appeals:
- Opinion A146145 Barnes v. City of Hillsboro, November 24, 2010 (HTML, 4 pages)
- Port and City's Judicial Review Brief, August 12, 2010 (PDF, 115 pages)
- Amicus Curiae Brief, League of Oregon Cities, August 18, 2010 (PDF, 24 pages)
- Respondent's Answering Brief, September 1, 2010 (PDF, 36 pages)
- Amicus Curiae Brief, Pacific Legal Foundation, September 7, 2010 (PDF, 24 pages)