2021 Oregon Revised Statutes
Chapter 197A - Comprehensive Land Use Planning II
Section 197A.517 - Supreme Court review of Land Use Board of Appeals opinion on land use final order.


(b) Within 14 days following the board’s issuance of its final opinion, the petitioner shall file a petition for judicial review and a brief with the State Court Administrator and serve copies of the petition and the brief on the board and all parties.
(c) The petition must state a request for relief and include a copy of the board’s final opinion. The brief must state, with particularity and supporting authority, each reason asserted for remand of the board’s final opinion.
(d) Upon request by the court, the board shall personally deliver or electronically submit a transcript of the board’s record.
(2)(a) Within 14 days after the petition filing date, any other person that appeared before the board may, but need not, file a response in the form of a brief to the petition and brief with the State Court Administrator and shall serve the response on the board and all parties.
(b) In the absence of a response, the court shall consider a person’s brief before the board to be the person’s response.
(3) The court shall decide the matter at its earliest practicable convenience, consistent with ORS 197A.500 to 197A.521. The court shall apply the standards for review set forth in ORS 197A.515.
(4)(a) The court may decide the matter on the briefs or hold oral argument.
(b) The court may affirm or remand the land use final order, in whole or in part. The court shall affirm all parts of the land use final order that it does not remand.
(5)(a) If the court affirms, the court may adopt the board’s final opinion, affirm without opinion or issue a separate opinion.
(b) If the court remands, the Metro Council shall:
(A) Respond as to those matters remanded by adopting by resolution a land use final order on remand according to the provisions of ORS 197A.509 and 197A.511;
(B) Immediately file the land use final order on remand and the record of the council with the State Court Administrator;
(C) Personally deliver copies of its land use final order on remand to the parties before the court; and
(D) Inform the parties by telephone of the filing of the land use final order on remand.
(6) The court shall retain jurisdiction over any matters remanded.
(7) Within 14 days following adoption of a land use final order on remand, the parties before the court may submit briefs to the court in response to the land use final order on remand. Parties that submit briefs shall personally deliver copies of the briefs to other parties before the court. The court may limit the length of briefs submitted under this subsection.
(8) The court shall affirm or remand the land use final order on remand according to the standards for review set forth in ORS 197A.515. [2017 c.714 §10]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 05 - State Government, Government Procedures, Land Use

Chapter 197A - Comprehensive Land Use Planning II

Section 197A.300 - Definitions for ORS 197A.300 to 197A.325.

Section 197A.302 - Purposes; rules.

Section 197A.305 - Amendment of urban growth boundaries outside Metro; rules.

Section 197A.310 - Cities with population of less than 10,000; rules.

Section 197A.312 - Cities with population of 10,000 or more; rules.

Section 197A.315 - Expansion study areas; notice; urban service agreements.

Section 197A.320 - Priority of land to be included within urban growth boundaries outside Metro; rules.

Section 197A.325 - Review of final decision of city; rules.

Section 197A.405 - City economic development pilot program.

Section 197A.407 - Inclusion of pilot program site within urban growth boundary.

Section 197A.409 - Protection of pilot program site from conversion.

Section 197A.411 - High-value farmland excluded.

Section 197A.413 - City Economic Development Pilot Program Fund.

Section 197A.500 - Definitions for ORS 197A.500 to 197A.521.

Section 197A.502 - Legislative findings; equivalency of project procedures and requirements to certain land use procedures; construe liberally.

Section 197A.505 - Establishment of criteria for decisions in land use final order.

Section 197A.507 - Procedure for review of established criteria.

Section 197A.509 - Development of land use final order; steering committee; application to council for land use final order; council procedures; public hearing; notice; staff report.

Section 197A.511 - Land use final order; notice.

Section 197A.513 - Plan amendments; approvals; petition for writ of mandamus.

Section 197A.515 - Land Use Board of Appeals review of land use final order.

Section 197A.517 - Supreme Court review of Land Use Board of Appeals opinion on land use final order.

Section 197A.519 - Amendments to land use final order.