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7-28-15 Trautman Public Comment (06)
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7-28-15 Trautman Public Comment (06)
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Last modified
4/27/2017 4:32:34 PM
Creation date
7/28/2015 2:42:48 PM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
Public Comments
Document_Date
7/28/2015
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Yes
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10 <br />LUBA appeal." Supp Rec p 1 (emphasis added). <br />In short, Mr. Trautman participated in the local proceedings before the Hearings <br />Official and did everything necessary to receive notice of subsequent <br />proceedings, but the City, the original petitioners and others involved in the <br />appeal failed to fulfill their statutory duties to inform Mr. Trautman of what <br />later transpired in the application. As a result of those failures, Mr. Trautman <br />never received notice of any decision, local appeal, LUBA appeal or any other <br />action until February of 2014. Following the instructions on the City's Notice <br />of Decision that Trautman finally received, Trautman filed his Motion to <br />Intervene within 21 days of receiving the notice that an appeal had been filed. <br />Notwithstanding the various failures on the part of the City and other <br />parties to provide notice to Mr. Trautman, the Applicant moved to dismiss the <br />intervention of Mr. Trautman3 based on ORS 197.830(7)(c), which provides as <br />follows: <br />"(7)(a) Within 21 days after a notice of intent to appeal has been <br />filed with the board under subsection (1) of this section, any person <br />described in paragraph (b) of this subsection may intervene in and <br />be made a party to the review proceeding by filing a motion to <br />intervene and by paying a filing fee of $100. <br />' The City, perhaps realizing its role in the failure of Mr. Trautman to receive <br />proper notice, dad not challenge Mr. Trautman's intervention. LUBA Rec p <br />406. <br />OCTOBER 2014 <br />
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