“Inconsistent” Reading Means “Implausible”
Setnicker v. Polk County, 244 OrApp 618 (2011)
Holding: Court will not disturb local government’s reading of it’s own ordinances if such reading is “plausible.”
1) ORS 197.829(1)(a) directs that LUBA is to affirm a local government’s application of land use regulations unless such interpretation is “inconsistent with the express language of the * * * regulation.” This “depends on whether the interpretation is plausible” after application of the standard rules of construction. cite omitted. at p. 633.
2) “* * * when a governing body is responsible for enacting an ordinance, it may be assumed to have a better understanding than LUBA or the courts of its intended meaning.” cite omitted. at p. 634.
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