Land Use

Tomasi Bragar DuBay’s land use team can assist with the full range of land use entitlement work from obtaining and defending controversial land use approvals, to defending Oregon’s land use system against impermissible uses and policy changes.  Our firm’s land use practice represents business, community, and governmental entities in matters unique to land use planning and municipal law.  Tomasi Bragar DuBay’s land use team leader, Jennifer Bragar, brings her prior experience of providing attorney services to the Cities of Oregon City, Island City, and Rivergrove to deliver proactive service in negotiations with local governments on behalf of private clients.  In addition, to Oregon land use law, the land use team is licensed in California and Washington.

The land use team has extensive experience in cases dealing with questions of federal statutory and constitutional law. Tomasi Bragar DuBay has expertise in cases dealing with the intersection of federal statutory laws and land use including Free Speech, the Takings Clause, Religious Land Use and the Institutionalized Persons Act, the Fair Housing Act, and conflicts between federal, state and local regulation of protected species.

In addition the land use team has represented affordable housing developers in obtaining controversial land use approvals across Oregon in Lakeview, Lebanon, Portland, Salem and Washington County. Our 2022 success in Lebanon, Oregon resulted in the above-pictured Colonia Paz development of 140 units of affordable housing.  With our guidance and participation the Farmworker Housing Development Corporation was able to overcome local opposition.

The team has negotiated complex development agreements in southwest Washington, including Vancouver and the City of Washougal.  The land use team also assists with master plan efforts, and undertakes land use diligence in connection with the firm’s real estate transactional work.

A selection of successful LUBA and Oregon Court of Appeals matters includes:

• DLCD v. Douglas County – prevent conversion of 25,000 acres farm and forestland to non-resource designation
• Yamhill Creek Solar v. Yamhill County– protect farmland from nonfarm uses
• Mackenzie v. Multnomah County – defense of applicant’s approval to construct a residence
• Stevens v. City of Island City – defense of the city’s decision to approve a home occupation
• Cosner v. Umatilla County – challenge to county’s adoption of an ordinance in violation of Goal 5
• Barnes v. City of Hillsboro– oppose city’s zoning map amendment for the Hillsboro Airport