Shepherd v. Yamhill County

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 05-17-2017
  • Case #: 2017-037
  • Judge(s)/Court Below: Opinion by Holstun
  • Full Text Opinion

Under ORS 197.830(9) and OAR 661-010-0015(1)(a), the deadline to file an appeal with LUBA is 21 days after the appealed decision becomes final. In order to satisfy this requirement, notice must be filed at the correct LUBA address.

Petitioners appeal a county permit decision that authorizes “up to 17” Agritourism/Commercial Events per Calendar Year on Property owned by intervenor. This permit decision became final on March 9, 2017. Under ORS 197.830(9) and OAR 661-010-0015(1)(a), the deadline to file an appeal of that decision with LUBA was 21 days later, or March 30, 2017. Petitioner attempted to file notice of intent to appeal on March 29, 2017, but sent the notice to LUBA’s former address at 550 Capitol Street NE, Suite 235, Salem, Oregon, 97301-2552. LUBA moved in May, 2013, and adopted a temporary rule to reflect the changed address in 2013. Thereafter, in 2014, LUBA’s permanent rules have listed LUBA’s current address, 775 Summer Street NE, Suite 330, Salem Oregon 97301-1283. In addition, LUBA’s website lists LUBA’s current Summer Street address.

After the post office returned petitioner’s envelope, petitioner mailed notice of intent to appeal to the current address on April 13, 2017. LUBA received the notice on April 17, 2017. The county moved to dismiss the appeal as not timely filed. LUBA granted the motion because petitioner filed notice of intent to appeal more than 21 days after the decision became final. DISMISSED