State ex rel Gary Schrodt v. Jackson County

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 04-23-2014
  • Case #: A149291
  • Judge(s)/Court Below: Lagesen, J. for the Court; Duncan, P.J.; and Wollheim, J.
  • Full Text Opinion

The text and context of ORS 215.402(2) reflect the legislature intended the phrase "application for discretionary approval of a proposed development of land" to include requests for discretionary approval of a proposed use of land.

Hardesty appealed realtor Schrodt's writ of mandamus relief under ORS 215.429. Schrodt sought a writ of mandamus compelling Jackson County to approve his land use permit after the county failed to make a final determination on his application within the timeframe provided by statute. Schrodt's application requested that the county issue an interpretive ruling approving a change in the use of his residentially zoned property from one previously approved nonconforming use to a broad range of nonconforming uses. This required the county to exercise discretion, falling within the meaning of "permit" as defined under ORS 215.429, and requested a change in land use, falling within the definition of "development" under ORS 215.439. Schrodt's application for approval to change the commercial uses in which his warehouse could be used constituted an "application for a permit" within the meaning of ORS 215.429, and therefore, he was entitled to seek mandamus relief. Affirmed.

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