(1)(a) Review of the final opinion of the Land Use Board of Appeals shall be initiated when any person that appeared before the Land Use Board of Appeals under ORS § 197A.515 petitions the Supreme Court to review the board’s final opinion as provided in this section.

Terms Used In Oregon Statutes 197A.517

  • 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.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • 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.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

(b) Within 14 days following the board’s issuance of its final opinion, the petitioner shall file a petition for judicial review and a brief with the State Court Administrator and serve copies of the petition and the brief on the board and all parties.

(c) The petition must state a request for relief and include a copy of the board’s final opinion. The brief must state, with particularity and supporting authority, each reason asserted for remand of the board’s final opinion.

(d) Upon request by the court, the board shall personally deliver or electronically submit a transcript of the board’s record.

(2)(a) Within 14 days after the petition filing date, any other person that appeared before the board may, but need not, file a response in the form of a brief to the petition and brief with the State Court Administrator and shall serve the response on the board and all parties.

(b) In the absence of a response, the court shall consider a person’s brief before the board to be the person’s response.

(3) The court shall decide the matter at its earliest practicable convenience, consistent with ORS § 197A.500 to 197A.521. The court shall apply the standards for review set forth in ORS § 197A.515.

(4)(a) The court may decide the matter on the briefs or hold oral argument.

(b) The court may affirm or remand the land use final order, in whole or in part. The court shall affirm all parts of the land use final order that it does not remand.

(5)(a) If the court affirms, the court may adopt the board’s final opinion, affirm without opinion or issue a separate opinion.

(b) If the court remands, the Metro Council shall:

(A) Respond as to those matters remanded by adopting by resolution a land use final order on remand according to the provisions of ORS § 197A.509 and 197A.511;

(B) Immediately file the land use final order on remand and the record of the council with the State Court Administrator;

(C) Personally deliver copies of its land use final order on remand to the parties before the court; and

(D) Inform the parties by telephone of the filing of the land use final order on remand.

(6) The court shall retain jurisdiction over any matters remanded.

(7) Within 14 days following adoption of a land use final order on remand, the parties before the court may submit briefs to the court in response to the land use final order on remand. Parties that submit briefs shall personally deliver copies of the briefs to other parties before the court. The court may limit the length of briefs submitted under this subsection.

(8) The court shall affirm or remand the land use final order on remand according to the standards for review set forth in ORS § 197A.515. [2017 c.714 § 10]

 

See note under 197A.500.

 

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