Mann v. Marion County

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 07-25-2016
  • Case #: 2016-064
  • Judge(s)/Court Below: Opinion by Holstun
  • Full Text Opinion

When a petitioner fails to properly serve notice of intent to appeal on the governing body, the governing body’s legal counsel, and all persons identified in the notice, pursuant to OAR 661-010-0015(2), and fails to advise LUBA that it has done so, LUBA lacks jurisdiction to hear the appeal.

The petitioner, Patricia E. Mann, filed a notice of intent to appeal on June 1, 2016. OAR 661-010-0015(2) contains service requirements for a notice of intent to appeal and requires that the petitioner serve notice on “the governing body, the governing body’s legal counsel, and all persons identified in the Notice as required by subsection (3)(f) of this rule on or before the date the notice of intent to appeal is required to be filed.”

The petitioner’s notice did not certify that the notice of intent to appeal had been served on the county, leading the county and intervenors to move to dismiss on June 14, 2016. On June 16, 2016, LUBA ordered that the petitioner immediately serve the notice of intent to appeal on the county’s governing body or legal counsel if she had not. Petitioner had over five weeks and failed to file a certificate of service certifying that she originally served the county, or has done so since the June 16, 2016 order. Further, petitioner never filed a written response to the motion to dismiss.

Due to the failure to serve a notice of intent to appeal on the county, LUBA did not have jurisdiction to proceed with the appeal. DISMISSED.