The Relief Nursery v. City of Springfield

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 08-23-2017
  • Case #: 2015-062
  • Judge(s)/Court Below: Opinion by Bassham
  • Full Text Opinion

Under OAR 661-010-0021(5)(e), if no amended notice of intent to appeal is filed or no original notice of intent to appeal is refilled, the appeal will be dismissed.

Pursuant to ORS 197.830(13)(b) and OAR 661-010-0021, the City of Springfield withdrew the decision challenged in this appeal for reconsideration. On November 12, 2015, the Board received the City of Springfield’s decision on reconsideration. Pursuant to OAR 661-010-0021(5)(1), petitioners had until December 3, 2015 to either refile their original notice of intent to appeal or file an amended notice of intent to appeal. As the board did not receive either, LUBA dismissed the appeal pursuant to OAR 661-010-0021(5)(e). DISMISSED.