Review of decision of hearings officer or other authority
- notice of appeal
- fees
- appeal of final decision
Source:
Section 215.422 — Review of decision of hearings officer or other authority; notice of appeal; fees; appeal of final decision, https://www.oregonlegislature.gov/bills_laws/ors/ors215.html.
Notes of Decisions
Under this section and ORS 34.040, community organization lacked standing to obtain review under representational theory where it had shown no particular injury to interests of members or itself, except in respect to one member who could not establish injury of some substantial right, nor could organization obtain standing under a de jure theory where organization was an unofficially formed group without defined membership. Clark v. Dagg, 38 Or App 71, 588 P2d 1298 (1979), Sup Ct review denied
County may not limit appeals by narrowing class of parties qualifying as being “aggrieved” by action of hearing officer. Overton v. Benton County, 61 Or App 667, 658 P2d 574 (1983)
Person has standing to appeal to Lane County Board of Commissioners from quasi-judicial land use decision made by county hearings officer where person’s interest in decision was recognized by local land use decision-making body; person asserted position on the merits; and local land use decision-making body reached decision contrary to position asserted by person. Lamb v. Lane County, 70 Or App 364, 689 P2d 1049 (1984)
Remand by Land Use Board of Appeals to county board was appropriate because although opponents had not appealed to LUBA, six asserted errors not decided by county board opponents had not waived undecided issues. Smith v. Douglas County, 308 Or 191, 777 P2d 1377 (1989)
Law Review Citations
54 OLR 396 (1975); 55 OLR 122-140 (1976)
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