Appeals Court Rules in Favor of Environmental Advocates in Zenith Energy Lawsuit

A lawsuit environmental advocates filed against the city of Portland after it issued a land use credential to Zenith Energy will be heard in a specialized administrative court, after a state appeals court returned the case. Environmental advocates say the court’s decision is a win because the case will be heard by a board of attorneys with a better understanding of the complex legal framework around state land use law.

The Oregon Court of Appeals on November 13 reversed a Land Use Board of Appeals (LUBA) order issued June 5, in a legal claim brought against the city over its permitting approval process for Zenith. LUBA previously ruled that it should not hear the case. It said the lawsuit should instead move to Multnomah County Circuit Court because the city’s approval of a land use crede