(1) The Land Use Board of Appeals does not have jurisdiction to consider decisions, aspects of decisions or actions taken under ORS § 197.722 to 197.728.

Terms Used In Oregon Statutes 197.726

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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.
  • local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.

(2) An appeal of a decision on an application for an expedited industrial land use permit made under ORS § 197.724 may be made in the manner set forth in ORS § 197.375 for appeal of a decision on an expedited land division. Notwithstanding ORS § 197.375:

(a) The applicant and a person who filed written comments in the time period established under ORS § 197.365 may file an appeal;

(b) If an appeal is filed, the referee shall hold a hearing on the appeal; and

(c) The referee shall issue a written decision within 56 days after the appeal was filed.

(3) A party to a proceeding before a referee under this section may seek judicial review of the referee’s decision in the manner provided for review of final orders of the Land Use Board of Appeals under ORS § 197.850 and 197.855. The Court of Appeals shall review decisions of the referee in the manner provided for review of final orders of the Land Use Board of Appeals in ORS § 197.850 and 197.855. However, notwithstanding ORS § 197.850 (9) or any other provision of law, the court shall reverse or remand the decision only if the court finds that:

(a) The local government‘s decision clearly does not concern an application for an expedited industrial land use permit as described in ORS § 197.724 and the appellant raised this issue in proceedings before the referee;

(b) The referee’s decision contains a clear, material error of fact based on the record, and the appellant raised the issue in proceedings before the referee;

(c) The referee’s decision contains a clear, material error of law, giving deference to any interpretations of law by the referee, and the appellant raised the issue in proceedings before the referee; or

(d) The decision of the local government or the referee is unconstitutional. [2011 c.564 § 9]

 

See note under 197.722.

 

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