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Dexter Lost Valley Community Assn. v. Lane County

Summarized by: 

Date Filed: 03-20-2013
Case #: A152839
Schuman, P.J. for the Court; Wollheim, J; and Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A152839.pdf

Land Use: ORS 197.830(13)(b) prohibits a state or local government from withdrawing a decision after the date set for filing the record.

Developers applied for a permit to build a bridge, which was approved, and affirmed by the Lane County Board of Commissioners. Dexter Lost Valley Community Assn (DLVCA) appealed to the Land Use Board of Appeals (LUBA), and the record was submitted. DLVCA submitted various assignments of error, and the County moved for voluntary remand under Mulholland v. City of Roseburg where voluntary remand is allowed after the record is submitted if the local government agrees to address all of the issues raised in the petition. LUBA granted the motion for voluntary remand, and DLVCA appealed. ORS 197.830(13)(b) provides that the local government may withdraw its decision for reconsideration prior to the date set for filing of records. DLVCA argued that LUBA acted outside its legislative grant of authority when it granted Lane County's request for remand after submission of the record. Moreover, legislative history showed a change to the language of ORS 197.830(13)(b), which previously allowed voluntary remand prior to oral argument. The Court of Appeals held, in accordance with ORS 197.830(13)(b) and subsequent legislative history, a state or local government may not withdraw its decision after the the date set for filing. Reversed and remanded.