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Court of Appeals Decision
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Last modified
4/27/2017 4:32:35 PM
Creation date
7/21/2015 10:26:44 AM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
Appeal Decision
Document_Date
2/19/2015
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Yes
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Cite as 269 Or App 176 (2015) 187 <br />land use decision shall be filed not later than 21 days after <br />the date the decision sought to be reviewed becomes final."). <br />Second, the legislature has, in ORS 197.820(4)(a), <br />specifically directed LUBA to adopt rules for the "conduct <br />of"' proceedings under ORS 197.830, which we did not con- <br />sider in Wicks-Snodgrass. And, as noted, those rules require <br />service of the notice of intent to appeal on persons to "whom <br />written notice of the land use decision or limited land use <br />decision was mailed," OAR 661-010-0015(3)(f)(D), which, by <br />virtue of EC 9.7685 (1)(d), must include persons who appeared <br />before the local government. Thus, Wicks-Snodgrass is not <br />helpful.. <br />Nor does the legislative history support applicant's <br />reading of the statute. ORS 197.830(7)(c) was enacted as <br />part of House Bill (HB) 2502 (1997), which also imposed the <br />21-day deadline for filing a motion to intervene in an appeal <br />before LUBA. Or Laws 1997, ch 187, § 1. Before that enact- <br />ment, the statute allowed motions to intervene as long as <br />they were filed "[w]ithin a reasonable time" after the notice <br />of intent to appeal was filed. ORS 197.830(6)(a) (1995).14 <br />As originally proposed, HB 2502 simply imposed the <br />21-day deadline; it did not include subsection (c). At a public <br />hearing, the proponent of HB 2502 testified that the purpose <br />of the bill was to establish a time limit for people to decide <br />whether they wanted to intervene to avoid the successive <br />raising of issues, which, in turn, would increase the incentive <br />to mediate disputes before LUBA. Tape Recording, House <br />Committee on Environment and Energy, HB 2502, Mar 17, <br />1997, Tape 36, Side A (statement of Rep Brian Johnston). <br />At that hearing, Christine Cook, a staff attorney with 1000 <br />Friends of Oregon, raised a concern that the 21-day deadline <br />might be "flexibly enforced" by LUBA and suggested that, if <br />it is intended to be a "hard and fast deadline," the bill should <br />make clear that "failure to comply with this deadline is not <br />a technical violation but would preclude intervention by the <br />parties seeking to do so." Id. (statement of Christine Cook). <br />In her written testimony before the committee, in which she <br />made the same suggestion, Cook referred, as an example, <br />14 At the time, the statute referred to a "petition for review" rather than a <br />notice of intent to appeal. <br />
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