ORS 227.182
Petition for writ of mandamus authorized when city fails to take final action within 120 days of remand of land use decision

(1)

If the governing body of a city or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 227.181 (Final action required within 120 days following remand of land use decision), the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 (Definitions for ORS 34.105 to 34.240) to 34.240 (Appeal). The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 (Answer or motion to dismiss by defendant) is filed, unless the court has been advised by the parties that the matter has been settled.

(2)

A writ of mandamus issued under this section shall order the governing body of the city or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate.

(3)

In a mandamus proceeding under this section the court shall award court costs and attorney fees to an applicant who prevails on a petition under this section. [1999 c.545 §6; 2015 c.522 §4]

Source: Section 227.182 — Petition for writ of mandamus authorized when city fails to take final action within 120 days of remand of land use decision, https://www.­oregonlegislature.­gov/bills_laws/ors/ors227.­html.

227.010
Definition for ORS 227.030 to 227.300 227.020
Authority to create planning commission 227.030
Membership 227.090
Powers and duties of commission 227.095
Definitions for ORS 227.100 and 227.110 227.100
Submission of plats for subdivisions and plans for street alterations and public buildings to commission 227.110
City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city 227.120
Procedure and approval for renaming streets 227.160
Definitions for ORS 227.160 to 227.186 227.165
Planning and zoning hearings officers 227.170
Hearing procedure 227.172
Siting casino in incorporated city 227.173
Basis for decision on permit application or expedited land division 227.175
Application for permit or zone change 227.178
Final action on certain applications required within 120 days 227.179
Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days 227.180
Review of action on permit application 227.181
Final action required within 120 days following remand of land use decision 227.182
Petition for writ of mandamus authorized when city fails to take final action within 120 days of remand of land use decision 227.184
Supplemental application for remaining permitted uses following denial of initial application 227.185
Transmission tower 227.186
Notice to property owners of hearing on certain zone change 227.187
Public sale of copies of city comprehensive plan and land use regulations 227.188
Amendments to city comprehensive plan map 227.190
Solar access ordinances 227.195
Effect of land use regulations and comprehensive plans 227.215
Regulation of development 227.280
Enforcement of development legislation 227.283
Regulations applicable to resumption of nonconforming uses 227.286
Regulations applicable to public property 227.290
Building setback lines established by city council 227.300
Use of eminent domain power to establish setback lines 227.320
City program for demolition of residences or residential buildings 227.350
Notice of proposed wetlands development 227.400
Truck routes 227.450
Recycling containers 227.455
Clustered mailboxes in city streets and rights-of-way 227.500
Use of real property for religious activity 227.505
Solar energy systems on residential and commercial structures 227.600
Land use approval preapplication review
Green check means up to date. Up to date

Current through early 2024

§ 227.182’s source at oregon​.gov