Bora Architects/Allgood v. Tillamook

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 05-02-2018
  • Case #: A166548
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Tookey, J.; & Shorr, J.
  • Full Text Opinion

Under ORS 215.427(4), the deadline will always run from the date that the application was submitted, regardless of action or inaction on the part of the county.

Seabreeze Associates LP, sought review of a Land Use Board of Appeals (LUBA) order that reversed Tillamook County's decision to approve Seabreeze's application for a preliminary subdivision plat approval.  Seabreeze assigned error to LUBA's understanding of ORS 215.427.  Seabreeze argued that the county not giving notice within 30 days of Seabreeze's application would make the application "deemed complete," relying on the court's decision in Simon v. Board of Co. Comm. of Marion Co., 84 Or App 311, 314, 733 P2d 901 (1987).  Under ORS 215.427(4), the deadline will always run from the date that the application was submitted, regardless of action or inaction on the part of the county.  The Court held that Seabreeze's application was void under ORS 215.427(4) because it had to act before the 181st day after first submitting its application and failed to do so.  Affirmed.

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