Oregon Land Use Board of Appeals

Opinions Filed in December 2015

Kine v. City of Bend

Under OAR 661-010-0039, a reply brief must be filed within seven days of the date a response brief is filed; however, if a filing deadline occurs on a state or federal legal holiday, OAR 661-010-0075(8) permits a reply brief to be filed on the "next working day."

Area(s) of Law:
  • Land Use

Jubitz Corp. v. Marion County

The deadline for filing a petition for review under OAR 661-010-0030(1) is strictly enforced, and failure to file a petition for review within 21 days after the date the local record is received or settled by LUBA, and any extensions of that time under OAR 661-010-0067(2), requires that a petition for review be dismissed.

Area(s) of Law:
  • Land Use

Head v. Lane County

Lane Code (LC) 16.211(3)(n)(v) provides, in part, that a proposed home occupation shall not "unreasonably interfere with uses permitted by the zoning of nearby lands" and where a home occupation is determined to likely cause a "significant change in the normal environment of a neighborhood" it will be deemed to constitute an unreasonable interference under LC 16.211(3)(n)(v).

Area(s) of Law:
  • Municipal Law

Stone Age Republic, LLC v. City of Grants Pass

ORS 197.830(9) provides a strict 21-day deadline after the date of a local government's final decision for filing a Notice of Intent To Appeal with LUBA, and where a petitioner relies on a local government's erroneous statement as to the filing deadline, that reliance will not toll the strict 21-day appeal period, regardless of the reasonableness of the petitioner's reliance on the local government's erroneous statement.

Area(s) of Law:
  • Land Use

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