ORS 197.726 Jurisdiction on appeal; standing

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.

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:

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

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

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

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:

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;

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;

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

The decision of the local government or the referee is unconstitutional.