Review of decisions of municipal corporations
- transfers between circuit court and Land Use Board of Appeals
- limitations
Source:
Section 34.102 — Review of decisions of municipal corporations; transfers between circuit court and Land Use Board of Appeals; limitations, https://www.oregonlegislature.gov/bills_laws/ors/ors034.html.
Notes of Decisions
“Not reviewable as a land use decision. . .as defined in ORS 197.015” means that subject matter of controversy is outside statutory definition of term. Owen Development Group, Inc. v. City of Gearhart, 111 Or App 476, 826 P2d 1016 (1992)
Under statutes in effect in 1989, this section permitted trial court to review local government decision about partition because ORS 197.015 specified that decision was not land use decision but 1991 legislation eliminated such specification. State ex rel Parmenter v. Wallowa County Court, 114 Or App 362, 835 P2d 152 (1992), Sup Ct review denied
Where action seeks to enforce rights arising from terms of contract rather than from extra-contractual source, action may be brought in contract even though remedy might otherwise be available through writ of review. Cloyd v. Lebanon School District 16C, 161 Or App 572, 985 P2d 232 (1999)
Final decision by inferior tribunal precludes related claim if: 1) claimant was party to tribunal proceeding that adjudicated effect of facts common to related claim; and 2) related claim would involve reviewing correctness of tribunal decision under ORS 34.040 standards. Spivak v. Marriott, 213 Or App 1, 159 P3d 1192 (2007)
Principle that writ of review provides exclusive remedy does not prevent bringing inverse condemnation claim against county based on quasi-judicial decision. Butchart v. Baker County, 214 Or App 61, 166 P3d 537 (2007)
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