Benson v. Jackson County

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 11-10-2016
  • Case #: 2016-085
  • Judge(s)/Court Below: Opinion by Ryan
  • Full Text Opinion

Under OAR 661-010-0030(1) a petition for review must be filed with LUBA within 21 days after the date that the record is received or settled by the Board, and failure to do so, or receive an extension under OAR 661-010-0067(2), will lead to dismissal of the appeal.

     The petition for review for the LUBA appeal was due October 12, 2016. The petitioner did not receive an extension. ORS 197.830(11) requires that a petition for review be filed within the deadlines established by Board rule. OAR 661-010-0030(1) states that a petition for review must be filed with the Board within 21 days after the date the record is received or settled by the Board, and failure to do so will result in dismissal of the appeal.  Pursuant to OAR 661-010-0067(2), the time limit for filing the petition for review may be extended only by written consent of all of the parties. Since the petitioner did not file within the time required, or obtain written consent to extend the filing time of the petition beyond October 12, 2016, LUBA dismissed the appeal under ORS 197.830(11) and OAR 661-0010-0030(1).