Beck V. City Of Tillamook

This case concerns the scope of judicial review of a decision of the Land Use Board of Appeals (LUBA). Specifically, the issue is this: When petitioners appealed a local land use decision to LUBA and prevailed only in part, obtaining a remand, did the applicable statutes require them to seek judicial review of the legal issues that LUBA decided against them at that time, or could they wait until after the remand and a second appeal to LUBA to do so?  The Court of Appeals held that the applicable statutes required petitioners to seek judicial review when the issues were "conclusively decided against petitioners"; that several of the issues were "conclusively decided against them by the first final and reviewable LUBA decision"; and that petitioners were foreclosed from raising those issues on review in the post-remand proceedings. Beck v. City of Tillamook, 105 Or App 276, 805 P2d 144 (1991). We affirm in part and reverse in part.