180 Oakleigh-McClure Neighbors v. City of Eugene <br />notice of intent to appeal on the additional parties whom the <br />city had identified as having been mailed written notice of <br />the decision (and who therefore were entitled to receive a copy <br />under OAR 661-010-0015(3)(f)(D)), including Trautman. On <br />March 11, 2014-within 21 days of being served with the <br />notice of intent to appeal, but more than two months after <br />the notice was filed with LUBA Trautman moved to inter- <br />vene on the side of neighbors in the appeal before LUBA. <br />Applicant opposed Trautman's motion to intervene <br />on the ground that it was untimely under ORS 197.830(7), <br />because it was filed more than 21 days after the notice of <br />intent to appeal had been filed.s ORS 197.830(7) provides: <br />"(a) Within 21 days after a notice of intent to appeal <br />has been filed with the board under subsection (1) of this <br />section, any person described in paragraph (b) of this sub- <br />section may intervene in and be made a party to the review <br />proceeding by filing a motion to intervene and by paying a <br />filing fee of $100. <br />"(b) Persons who may intervene in and be made a party <br />to the review proceedings, as set forth in subsection (1) <br />of this section, are: <br />"(A) The applicant who initiated the action before the <br />local government, special district or state agency; or <br />"(B) Persons who appeared before the local govern- <br />ment, special district or state agency, orally or in writing. <br />"(c) Failure to comply with the deadline or to pay the <br />filing fee set forth in paragraph (a) of this subsection shall <br />result in denial of a motion to intervene."' <br />LUBA initially allowed the motion to intervene, relying <br />on its decision in Mountain West Investment Corp. v. City <br />of Silverton, 38 Or LUBA 932, 934 (2000), in which it had <br />granted a motion to intervene that was filed after the 21-day <br />deadline specified in ORS 197.830(7)(a), where the late fil- <br />ing was attributable to the petitioner's failure to serve a copy <br />of the notice of intent to appeal on the applicant intervenor. <br />6 The city did not oppose Trautman's motion to intervene. <br />Similarly, OAR 661-010-0050(2) provides that "[a] motion to intervene <br />shall be filed within 21 days of the date the notice of intent to appeal is filed pur- <br />suant to OAR 661-010-0015[.]" <br />