182 Oakleigh-McClure Neighbors v. City of Eugene <br />that understanding is consistent with other relevant con- <br />text, as well as the legislative history of the statute's enact- <br />ment. Finally, petitioners argue that "[t]o affirm LUBA's <br />decision would allow a LUBA appellant to prevent the par- <br />ticipation of anyone else by simply not serving the NITA on <br />the other parties who participated in the local proceeding," <br />an "absurd" result that is "contrary to sound principles of <br />judicial review." <br />For its part, applicant responds that "LUBA does <br />not err- by applying an unambiguous provision of law in <br />accordance with the plain meaning of its text." According <br />to applicant, ORS 197.830(7) "makes clear that the deadline <br />for filing a Motion to Intervene runs from the date the Notice <br />of Intent to Appeal is `filed with the board' and not from the <br />date of service of the Notice of Intent to Appeal on any par- <br />ties," as petitioners assert. (Quoting ORS 197.830(7); bold- <br />face in applicant's brief.) In its view, ORS 197.830(7)(a) and (c) <br />"establish a 21-day period for filing a motion to intervene <br />that runs from the filing of the notice of intent to appeal, <br />and impose a jurisdictional consequence for filing after the <br />deadline"-denial of the motion. Applicant also contends that <br />the legislative history of the enactment of ORS 197.830(7)(c) <br />supports its reading of the statute. Further, according <br />to applicant, the policy concerns raised by petitioners are <br />merely speculative, because "other petitioners were respon- <br />sible for serving Intervenor-Petitioner Trautman, and not <br />his adversaries," and, in any event, "it is not appropriate <br />to weigh any policy considerations where, as here, the lan- <br />guage of the statute is clear in its material respects." <br />We agree with petitioners' construction of the stat- <br />ute. ORS 197.830(7)(a) provides: <br />"Within 21 days after a notice of intent to appeal has <br />been filed with the board under subsection (1) of this sec- <br />tion,1101 any person described in paragraph (b) of this sub- <br />section may intervene in and be made a party to the review <br />9 We reject without discussion applicant's contention that petitioners did not <br />preserve this assignment of error. As was the case before LUBA, the city takes no <br />position on the issue raised by this assignment of error. <br />10 Subsection (1) of ORS 197.830 provides that "[r] eview of land use decisions <br />or limited land use decisions under ORS 197.830 to 197.845 shall be commenced <br />by filing a notice of intent to appeal with the Land Use Board of Appeals." <br />