concurring.
Even assuming that, in some circumstances, a challenge to the assessment of a local appeal fee as violating ORS 227.180(l)(c) is cognizable before LUBA, Willamette Oaks’s challenge in this case was unreviewable by LUBA. That is so because Willamette Oaks’s challenge depends on a factual record that does not exist and, consistently with the constraints of the Eugene Code, cannot be developed at this point in the process. Accordingly, LUBA erred in reviewing the issue concerning the local appeal fee and in remanding the case to the city to take evidence on whether the city’s appeal fee violates ORS 227.180(l)(c).