Friends of Yamhill County v. Yamhill County

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 11-16-2015
  • Case #: 2015-039
  • Judge(s)/Court Below: Opinion by Holstun
  • Full Text Opinion

Pursuant to OAR 661-010-0021(5)(e), when a petitioner fails to file an amended notice of intent to appeal, or fails to refile an original notice of intent to appeal, as provided in OAR 661-010-0021(5)(a), then that appeal will be dismissed.

Due to the brevity of this decision, it has been reproduced here in full:

“Pursuant to ORS 197.830(13)(b) and OAR 661-010-0021, on July 22, 7 2015, Yamhill County withdrew the decision challenged in this appeal for reconsideration. On October 15, 2015, the Board received Yamhill County’s decision on reconsideration. Pursuant to OAR 661-010-0021(5)(a), petitioner had until November 5, 2015 to either refile its original notice of intent to appeal in this matter, or file an amended notice of intent to appeal. The Board has not received a refiled original notice of intent to appeal or an amended notice of intent to appeal in accordance with OAR 661-010-0021(5)(a).

OAR 661-010-0021(5)(e) provides “[i]f no amended notice of intent to appeal is filed or no original notice of intent to appeal is refiled, as provided in [OAR 661-010-0021(5)(a)], the appeal will be dismissed.”

This appeal is dismissed. Matrix Development v. City of Tigard, 25 Or LUBA 557 (1993).” __ Or LUBA ___ (LUBA No. 2015-039, November 16, 2015). DISMISSED.