Sum Properties LLC v. City of Gearhart

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 11-03-2017
  • Case #: 2017-049
  • 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, respondent withdrew the decision challenged in this appeal for reconsideration. On August 24, 2017, the Board received the city’s decision on reconsideration. Pursuant to OAR 661-010-0021(5)(1), petitioners had until September 14, 2017 to either refile their original notice of intent to appeal or file an amended notice of intent to appeal. As LUBA did not receive either, LUBA dismissed the appeal pursuant to OAR 661-010-0021(5)(e). DISMISSED.