That a stipulation concerning the applicability of a local government's land use regulations to certain property is entered into by the local government and a property owner outside the confines of a land use proceeding and without following the procedures required for land use decision making does not make the decision any less a land use decision. 25.1 Local Government Procedures Generally. 25.1 Local Government Procedures Generally. There is no general legal requirement that petitioners be provided an opportunity to rebut proposed local government findings. 25.1 Local Government Procedures Generally.
Claim preclusion applies to preclude relitigation of a claim that has been litigated.
Where a party's claim of a vested right to residential use of certain property was determined in a circuit court judgment, to which the local government and other parties to the LUBA appeal were also parties, the local government is precluded from making a new determination on that vested right claim, even if it would otherwise have jurisdiction to do so. 25.1 Local Government Procedures Generally. In the absence of a specific provision in the local code to the contrary, there is no general requirement that a party have an opportunity to object to proposed findings submitted to the local decision maker by the prevailing party in a local land use proceeding. 25.1 Local Government Procedures Generally. Where the maximum penalty for each separate violation of an ordinance is 500 dollars, and there is no possibility of imprisonment for violating the ordinance, the penalties provided by the ordinance are civil, not criminal, in nature.