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BOC Decision (37)
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BOC Decision (37)
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Last modified
7/31/2012 8:59:02 PM
Creation date
10/30/2024 2:56:10 PM
Metadata
Fields
Template:
Land Use
Case_Number
01-002
Land Use Type
Administrative Review
Tax_Lot_Number
042W19AD00100
Document_Type
Decision
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<br />39-40-41-42-43-46-47 and 48 be and the same and the <br />whole thereof is hereby vacated, annulled and set <br />aside, and each and all the streets therein mentioned <br />freed from all the force, operation and effect or <br />apparent operation, force or effect of said order. <br /> <br />Applicant interprets this order as undoing the entire 1899 <br />vacation order, not just the order as it pertains to the listed <br />blocks. According to applicant the order portion of the 1901 <br />document should be read, 'It is hereby ordered and adjudged that <br />said order is vacated " This is a plausible <br />interpretation of the county court's order because the court said <br />it had no jurisdiction to vacate the enumerated or any other <br />streets within St. Paul. <br /> <br />The better interpretation of the 1901 vacation order is that it <br />reversed the previous vacation order only as to blocks 25-31-32- <br />33-34-39-40-41-42-43-46-47 and 48, just as requested by the <br />petitioner. Finding otherwise would render that portion of the <br />order reading 'vacating the streets around and adjacent to blocks <br />25-31-32-33-34-39-40-41-42-43-46-47 and 48 . . ." meaningless. It <br />is, therefore, found that the May 3, 1901 order reinstates only <br />blocks 25-31-32-33-34-39-40-41-42-43-46-47 and 48 and the streets <br />around and adjacent to those blocks. Blocks 16, 17, 23, 24 and 26 <br />remain vacated. The street north of block 25 was vacated later. <br /> <br />9. -.' If a?plicant's theory that the blocks wi thin S'-. Paul and the <br />HissL'n Farm addition survive is correct, applicant fu:,:ther argues <br />that the blocks, as divided by later land t~ansacti(>ns, are <br />lawful, discrete parcels under ORS 92.017. ORS 92.017 provides: <br /> <br />A lot or parcel lawfully created shall re~ain a <br />C:lscrete lot or parcel, unless the parcel lines are <br />vacated or the lot or parcel is further diuided, as <br />provided by law. <br /> <br />ORS 92. 017 was discussed in depth in Ki shpa uglJ v. Clackamas <br />Ccünty, 24 Or LUBA 164 (1992). In Kishpaugh, at 172, LUBA examined <br />the legislative history of ORS 92.017 and found: <br /> <br />The text of ORS 92.017, and its legislative history, <br />make it clear that the functions of ORS 92.0ë7 were (1) <br />to prevent local governments from refusing to recognize <br />lawful divisions of land such that lots and parcels <br />could not be sold to third parties, and (2) to <br />establish that the property lines established by such <br />land divisions re~ain inviolate, absent the employment <br />of a specific process to eliminate such péopeéty lines. <br /> <br />ADM-01-02\ORDER - 9 <br />SIUTH <br />
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