ORS 197.540
Review by Land Use Board of Appeals
(1)
In the manner provided in ORS 197.830 (Review procedures) to 197.845 (Stay of decision being reviewed), the Land Use Board of Appeals shall review upon petition by a county, city or special district governing body or state agency or a person or group of persons whose interests are substantially affected, any moratorium on construction or land development or a corrective program alleged to have been adopted in violation of the provisions of ORS 197.505 (Definitions for ORS 197.505 to 197.540) to 197.540 (Review by Land Use Board of Appeals).(2)
If the board determines that a moratorium or corrective program was not adopted in compliance with the provisions of ORS 197.505 (Definitions for ORS 197.505 to 197.540) to 197.540 (Review by Land Use Board of Appeals), the board shall issue an order invalidating the moratorium.(3)
All review proceedings conducted by the Land Use Board of Appeals under subsection (1) of this section shall be based on the administrative record, if any, that is the subject of the review proceeding. The board shall not substitute its judgment for a finding solely of fact for which there is substantial evidence in the whole record.(4)
Notwithstanding any provision of ORS chapters 195, 196 and 197 to the contrary, the sole standard of review of a moratorium on construction or land development or a corrective program is under the provisions of this section, and such a moratorium shall not be reviewed for compliance with the statewide planning goals adopted under ORS chapters 195, 196 and 197.(5)
The review of a moratorium on construction or land development under subsection (1) of this section shall be the sole authority for review of such a moratorium, and there shall be no authority for review in the circuit courts of this state. [1980 c.2 §5; 1983 c.827 §45; 2001 c.672 §9]
Source:
Section 197.540 — Review by Land Use Board of Appeals, https://www.oregonlegislature.gov/bills_laws/ors/ors197.html.
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