2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 197A - Land Use Planning: Housing and Urbanization › Section 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 person’s 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 petitioner’s 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 Metro’s 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 council’s 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 board’s ruling on the objections does not affect the briefing schedule or decision timelines set forth in ORS 197A.500 to 197A.521.
(9) Stays or continuances of proceedings are not permitted for the proceedings described in this section.
(10)(a) Within 14 days following the filing of the notice of intent to appeal, a petitioner shall personally deliver a petition for review and brief to each entity listed in subsection (6) of this section that has filed a motion to intervene on the entity’s own behalf in the review proceedings.
(b) The petition for review and brief shall:
(A) Set out in detail each assignment of error; and
(B) Identify those portions of the record in which the petitioner raised the issues as to which error is assigned during the land use final order hearing.
(c) The petition for review and brief shall comply with the specifications for opening briefs set forth in the rules of appellate procedure.
(11)(a) Within 28 days following the filing of the notice of intent to appeal, Metro and any intervening party shall personally deliver their briefs in response to a petition for review and brief to the board and to any petitioner at the petitioner’s residence or business address.
(b) Responding briefs shall comply with the specifications for answering briefs set forth in the rules of appellate procedure.
(12)(a) Within 35 days following the filing of the notice of intent to appeal, the board shall hear oral argument in the manner provided for in its administrative rules.
(b) Neither the board nor the court may substitute its judgment for that of the council as to any issue of fact or any issue within the discretion of the council.
(13)(a) Within 28 days following oral argument, the board shall issue a final opinion affirming or remanding the council’s land use final order and stating the reasons for the decision.
(b) The board may remand the land use final order only if the board finds that the council:
(A) Improperly construed the criteria;
(B) Exceeded its statutory or constitutional authority; or
(C) Made a decision in the land use final order on the project improvements, including their locations, that was not supported by substantial evidence in the record.
(c) The existence in the record of substantial evidence supporting a different decision on the project improvements, including their locations, is not grounds for remand if there was also substantial evidence in the record supporting the land use final order.
(d) Failure to comply with statutory procedures, including notice requirements, is not grounds for invalidating a land use final order.
(e) The board shall affirm all portions of the land use final order that it does not remand.
(14) Upon issuance of its final opinion under subsection (13) of this section, the board shall:
(a) Transmit copies of the final opinion to the parties; and
(b) Inform the parties of the filing of the final opinion by telephone.
(15) Within seven days following issuance of its final opinion, the board shall personally deliver or electronically submit a copy of the record of the board with the State Court Administrator. [2017 c.714 §9]
Note:
See note under 197A.500.