Goldson v. Clackamas County

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 06-21-2017
  • Case #: 2017-035
  • Judge(s)/Court Below: Opinion by Ryan
  • Full Text Opinion

Under ORS 197.80(9), the deadline for filing a notice of intent to appeal is 21 days after the appealed decision becomes final.

Petitioner appeals the county’s decision denying his application for a comprehensive plan amendment and zone map amendment. Intervenor argues that the appeal was not timely filed, and thus moves to dismiss the appeal. Under ORS 197.80(9), the deadline for filing a notice of intent to appeal is 21 days after the appealed decision becomes final. Here, the county’s decision became final on March 16, 2017, and petitioner filed his notice of intent to appeal on April 12, 2017. Petitioner did not respond to intervenor’s motion to dismiss, and LUBA agrees with intervenor that petitioner’s notice of intent to appeal was not filed within the time provided in ORS 197.830(9). DISMISSED.