Carver v. Washington County

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 01-02-2015
  • Case #: 2014-097
  • Judge(s)/Court Below: Opinion by Bassham
  • Full Text Opinion

Under OAR 661-010-0010(3), the date of decision for purposes of filing a notice of intent to appeal is the signing date of the decision despite a different date contained in the notice of decision sent to a party.

Westwood Homes filed a motion to dismiss Carver’s appeal for failure to file within 21 days after the challenged decision. The decision was signed on October 6 2014, but the notice of the decision sent to the parties stated that the decision date was October 9, 2014. Carver’s notice of intent to appeal (NITA) was mailed October 30, 2014 and received by LUBA on October 31, 2014. LUBA held that since the NITA was sent by certified mail, it would have fallen within the 21-day deadline; however, under OAR 661-010-0010(3) and the county’s Community Development Code, the decision became final when signed. Therefore Carver had missed the deadline by three days. DISMISSED.