In November, the Land Use Board of Appeals upheld the constitutionality of Portland's decision requiring dedication of a bike path on property that SK Northwest wants to develop just south of OMSI. LUBA also ruled that the city must redo the part of its decision that defines the precise location of the top of the Willamette River bank on the development site. The owner of the development site and SK Northwest have appealed LUBA's decision to the Oregon Court of Appeals.

Last week, the City of Portland and BTA, which defended the city's decision at LUBA, filed cross-appeals at the Court of Appeals. Christine Cook will represent the BTA and plans to work together with the City to defend the favorable parts of the LUBA decision (most of it) and to persuade the Court to overturn the piece that would send the decision back to the city.

The appeal will be briefed, and the lawyers will argue before three judges of the court, by the end of January. The court should issue a written opinion on the case by the beginning of May.

Check out this link here for our most recent article on this issue. Look here for an article from summer 2007.

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