Jubitz Corp. v. Marion County

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 12-15-2015
  • Case #: 2015-054/055/056
  • Judge(s)/Court Below: Opinion by Ryan
  • Full Text Opinion

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.

Due to the brevity of the following opinion, it has been reproduced here in full:

“The petitions for review in this appeal were due November 9, 2015. The petitions for review have not been filed, nor has an extension of time to file the petitions for review been granted.

ORS 197.830(11) requires that a petition for review be filed within the deadlines established by Board rule. OAR 661-010-0030(1) provides, in relevant part:

‘* * * The petition for review together with four copies shall be filed with the Board within 21 days after the date the record is received or settled by the Board. * * * Failure to file a petition for review within the time required by this section, and any extensions of that time under * * * OAR 661-010-0067(2), shall result in dismissal of the appeal * * *.’

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

The deadline for filing the petition for review is strictly enforced. Terrace Lakes Homeowners Assoc. v. City of Salem, 29 Or LUBA 532, 535, aff’d 138 Or App 188, 906 P2d 871 (1995); Hutmacher v. Marion County, 15 Or LUBA 514, 515 (1987).

Because the petitions for review were not filed within the time required by our rules, and petitioners did not obtain written consent to extend the time for filing the petitions for review under OAR 661-010-0067(2) beyond November 9, 2015, ORS 197.830(11) and OAR 661-010-0030(1) require that we dismiss these appeals.

The appeals are dismissed.” __ Or LUBA ___ (LUBA No. 2015-054/055/056, December 15, 2015). DISMISSED.