Mintz et al v. City of Beaverton

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 07-25-2016
  • Case #: 2016-17
  • Judge(s)/Court Below: Opinion by Holstun
  • Full Text Opinion

When a local government withdraws its decision for reconsideration, the petitioner must either refile its original notice of intent to appeal in the matter, or file an amended notice of intent to appeal; if neither is filed, the appeal will be dismissed under OAR 661-010-0021(5)(e).

In an Order on March 2, 2016, LUBA gave the petitioner, Neighbors for Smart Growth, seven days to file an amended notice of intent to appeal, stating that the petitioner had an attorney in the matter. Since the petitioner is not an individual, it must be represented by an Oregon State Bar attorney. No amended notice of intent to appeal was filed, leading LUBA to dismiss Neighbors for Smart Growth from the appeal.

On March 23, 2016, pursuant to ORS 197.830(13)(b) and OAR 661-010-0021, the respondent, the City of Beaverton, withdrew the decision challenged in this appeal for reconsideration on March 23, 2016. The Board received the decision on reconsideration on June 9, 2016. Under OAR 661-010-0021(5)(1), the petitioner had until June 20, 2016, to either refile or file an amended notice to appeal. Since the Board never received a refiled original notice of intent to appeal or an amended notice of intent to appeal, the appeal was dismissed under OAR 661-010-0021(5)(e). DISMISSED.