Upper Midhill Estates LLC v. City of West Linn

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 08-10-2017
  • Case #: 2016-100
  • Judge(s)/Court Below: Opinion by Ryan
  • Full Text Opinion

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

Respondent withdrew the decision challenged in this appeal for reconsideration on January 17, 2017. Having received respondent’s decision on reconsideration July 10, 2017, respondent had until August 1, 2017 to either refile an original notice of intent to appeal, or file an amended notice of intent to appeal. Because LUBA has not received a refiled original notice of intent to appeal, or an amended notice of intent to appeal, LUBA dismisses the appeal in accordance with OAR 661-010-0021. DISMISSED.