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Alto v. City of Cannon Beach

Summarized by: 

Date Filed: 01-25-2012
Case #: A142171
Haselton, P.J. for the Court; Armstrong, J; & Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A142171.pdf

Civil Procedure: A person has statutory standing to challenge a vesting determination under section 5(3) of Measure 49 if the person: (1) owns the property that is the subject of that vesting determination or (2) timely submitted written evidence, arguments, or comments to a public entity concerning the vesting determination.

After Measure 49 became effective, the Larsens requested a building permit pursuant to their previously-obtained Measure 37 waiver. Cannon Beach (the city) scheduled a hearing to determine whether the Larsens had a vested right prior to Measure 49. Alto did not receive notice of the hearing even though the city sent notice to her address. The city approved the Larsen’s Measure 49 claim. Alto appealed the decision to LUBA, which transferred the case to the circuit court for a writ of review. The circuit court granted the Larsens’ motion to dismiss and Alto appealed. ORS 195.318 governs standing to seek review of Measure 49 vesting determinations. A person has statutory standing to challenge a vesting determination under section 5(3) of measure 49 if the person: (1) owns the property that is the subject of that vesting determination or (2) timely submitted written evidence, arguments, or comments to a public entity concerning the vesting determination. Alto was not the owner of the property subject to the vesting determination, nor did she participate in the Measure 49 vesting proceeding. Therefore, Alto lacked statutory standing to challenge the vesting determination by writ of review. Affirmed.