Christensen v. City of Portland

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 08-06-2014
  • Case #: 2014-44
  • Judge(s)/Court Below: Opinion by Holstun
  • Full Text Opinion

Under OAR 661-010-0067(2) the time limit for filing a petition for review may be extended only by written consent of all parties.

Christensen appealed a city decision granting subdivision approval and the applicant for approval failed to intervene. While working toward a settlement with the applicant, Christensen missed the extended deadline to file a petition for review. Christensen responded that the settlement was taking longer than expected, that dismissal would make settlement unlikely, and that the city was working with them to suspend the appeal during settlement. The city denied this claim and declined to seek a time extension. Since Christensen had failed to file the petition for review by the deadline, LUBA granted the city’s motion to dismiss. DISMISSED.