Special Rules for Filing of Appeal After Expiration of Appeal Period
(1)This section is intended to prevent manifest injustice that would result by a local government’s failure to comply with all procedural requirements such that an interested person was unable to meaningfully participate in a land use decision process. This section shall not be used to redress problems that may be redressed through a county or Gorge Commission enforcement action, whether or not any enforcement action is actually undertaken.
(2)If the local government approves a development that is materially different from the proposal described in the notice of development to such a degree that a reasonable person could not have understood the notice of development to describe the local government’s final actions, then an adversely affected person may file an appeal of the decision within 30 days of actual notice of the decision.
(3)If the development constructed is materially different from the development allowed in the local government’s decision to such a degree that a reasonable person could not have understood the decision to allow the actual development constructed, then an adversely affected person may file an appeal within 30 days after actual notice of the material difference, or within 30 days after the person reasonably should have known about the material difference, whichever is sooner.
(4)If the local government fails to provide notice of the proposed development or a copy of the final decision to a person who is legally entitled to the notice or decision, or has requested to receive the notice or decision, then that person may file an appeal within 30 days after actual notice of the approved development.
(5)In no event shall the time for appeal exceed the time period that the local government’s decision is valid.
(6)A person intending to file an appeal pursuant to this section shall first attempt to resolve that person’s concern with the local government. The local government shall give due consideration to the concerns raised and shall not rely solely on whether the concerns were timely raised. The local government may choose to allow the person to file an appeal with the local government.
(7)If the local government does not allow the appeal to be filed with the local government within 25 days, then the person may file the appeal directly with the Commission. In addition to the requirements for the Notice of Appeal specified in 350-060-0050 (Notice of Appeal), the appellant shall file a motion for an evidentiary hearing pursuant to 350-060-0150 (Evidentiary Hearings) to establish standing to maintain the appeal.
Rule 350-060-0240 — Special Rules for Filing of Appeal After Expiration of Appeal Period,