Northwest Alliance Corvallis v. City of Corvallis

• Court: Oregon Land Use Board of Appeals
• Area(s) of Law: Land Use
• Date Filed: 02-05-2018
• Case #: 2017-105
• Judge(s)/Court Below: Opinion by Ryan
• Full Text Opinion

Under OAR 661-010-0021(5)(e), if no amended notice of intent to appeal is filed or no original notice of intent to appeal is refilled, the appeal will be dismissed.

Pursuant to ORS 197.830(13)(b) and OAR 661-010-0021, respondent withdrew the decision challenged in this appeal for reconsideration. On January 8, 2018, the Board received respondent’s decision on reconsideration. Pursuant to OAR 661-010-0021(5)(1), petitioners had 21 days from January 8, 2018, to either refile their original notice of intent to appeal or file an amended notice of intent to appeal. As LUBA did not receive either, LUBA dismissed the appeal pursuant to OAR 661-010-0021(5)(e). DISMISSED.

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