ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.515. Land Use Board of Appeals review of land use final order. (1) Notwithstanding ORS 183.482, 183.484 or 197.825 and as provided by ORS 197A.500 to 197A.521, the Land Use Board of Appeals and the Supreme Court have exclusive jurisdiction for review of a land use final order adopted under ORS 197A.511 relating to the project. (2) Proceedings for review of a land use final order shall be initiated with the Land Use Board of Appeals when any person with standing petitions for review under subsection (3) of this section. (3) The board shall consider a person to have standing if the person: (a) Appeared before the Metro Council orally or in writing at the hearing described in ORS 197A.509 on the project; and (b) Personally delivered a notice of intent to appeal the land use final order as described by subsection (5) of this section within 14 days following the adoption of the land use final order as described in ORS 197A.509 (11). (4) A persons failure to raise an issue at the land use final order hearing, in person or in writing, or failure to raise an issue with sufficient specificity to afford the council an opportunity to respond to the issue raised, shall preclude that person from petitioning for review based on that issue. (5)(a) A notice of intent to appeal shall: (A) Contain an affidavit stating the facts that support the petitioners standing as required by subsection (3) of this section; (B) State with particularity the grounds on which the petitioner assigns error; and (C) State the residence or business address of the petitioner to which documents may be delivered and the telephone number where the petitioner may be reached during normal business hours. (b) The petitioner shall personally deliver copies of the notice of intent to appeal to: (A) The board; (B) Metro, at the office of Metros executive officer; and (C) Each affected local government. (6) Only the following persons may intervene in and thereby be made a party to the review proceedings: (a) The board; (b) Metro; (c) TriMet; (d) The Department of Transportation; and (e) Any affected local government. (7)(a) Within seven days following delivery of a notice of intent to appeal as required by subsection (5) of this section, Metro shall personally deliver a certified copy of the record of the councils land use final order proceedings to the board. The record shall consist of: (A) The land use final order; (B) The statement of findings included with the land use final order; (C) The notice of public hearing on the land use final order; (D) Audio recordings of the hearing, if any; (E) A statement of matters that were officially noticed at the hearing; (F) The staff report and any amendments thereto; and (G) All documents accepted into the public hearing record. (b) Metro shall make available a copy of the record for inspection by petitioners, and shall provide a copy of the record to any petitioner upon request. Metro may not charge a petitioner an amount greater than the actual copying costs for a copy of the record. (8)(a) Within four days following delivery of the record to the board, a petitioner may object to the record by personal delivery to the board and the residence or business addresses of the intervening parties. (b) Within four days following delivery of the objections to the record, Metro shall respond to the objections by personal delivery to the board and the residence or business addresses of the petitioners objecting. (c) After delivery of the objections and the response, the board shall rule expeditiously on the objections. The boards ruling on the objections does not affect the briefing schedule or decision timelines set forth in ORS 197A.500 to