Oregon Statutes 195.318 – Judicial review
(1) A person that is adversely affected by a final determination of a public entity under ORS § 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, may obtain judicial review of that determination under ORS § 34.010 to 34.100, if the determination is made by Metro, a city or a county, or under ORS § 183.484, if the determination is one of a state agency. Proceedings for review of a state agency determination under ORS § 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, must be commenced in the county in which the affected property is located. Upon motion of any party to the proceedings, the proceedings may be transferred to any other county with jurisdiction under ORS § 183.484 in the manner provided by law for change of venue. A determination by a public entity under ORS § 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, is not a land use decision.
Terms Used In Oregon Statutes 195.318
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Venue: The geographical location in which a case is tried.
(2) A person is adversely affected under subsection (1) of this section if the person:
(a) Is an owner of the property that is the subject of the final determination; or
(b) Is a person who timely submitted written evidence, arguments or comments to a public entity concerning the determination.
(3) Notwithstanding subsection (1) of this section, judicial review of a final determination under ORS § 195.305 or 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, is:
(a) Limited to the evidence in the record of the public entity at the time of its final determination.
(b) Available only for issues that are raised before the public entity with sufficient specificity to afford the public entity an opportunity to respond. [2007 c.424 § 16]