City Planning and Zoning

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]
§§ 227.160 to 227.185

Notes of Decisions

References to application for permits and zone changes do not prevent use of quasi-judicial proceeding in other types of land use decisions. Department of Transportation v. City of Mosier, 161 Or App 252, 984 P2d 351 (1999)

Law Review Citations

10 WLJ 395 (1974); 68 OLR 1005 (1989)

Chapter 227

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., application to city governing bodies and planning commissions, (1974) Vol 36, p 960


Source

Last accessed
Jun. 26, 2021