Chapter 197A — Land Use Planning: Housing and Urbanization

ORS 197A.517 Supreme Court review of Land Use Board of Appeals opinion on land use final order

(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.

(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.

Note: See note under 197A.500.