(2) Except for a proceeding resulting in a land use decision or limited land use decision as defined in ORS 197.015, for which review is provided in ORS 197.830 to 197.845, or an expedited land division as described in ORS 197.360, for which review is provided in ORS 197.375 (8), the decisions of the governing body of a municipal corporation acting in a judicial or quasi-judicial capacity and made in the transaction of municipal corporation business shall be reviewed only as provided in ORS 34.010 to 34.100, and not otherwise.
(3) A petition for writ of review filed in the circuit court and requesting review of a land use decision or limited land use decision as defined in ORS 197.015 of a municipal corporation shall be transferred to the Land Use Board of Appeals and treated as a notice of intent to appeal if the petition was filed within the time allowed for filing a notice of intent to appeal pursuant to ORS 197.830. If the petition was not filed within the time allowed by ORS 197.830, the court shall dismiss the petition.
(4) A notice of intent to appeal filed with the Land Use Board of Appeals pursuant to ORS 197.830 and requesting review of a decision of a municipal corporation made in the transaction of municipal corporation business that is not reviewable as a land use decision or limited land use decision as defined in ORS 197.015 shall be transferred to the circuit court and treated as a petition for writ of review. If the notice was not filed with the board within the time allowed for filing a petition for writ of review pursuant to ORS 34.010 to 34.100, the court shall dismiss the petition.
(5) In any case in which the Land Use Board of Appeals or circuit court to which a petition or notice is transferred under subsection (3) or (4) of this section disputes whether it has authority to review the decision with which the petition or notice is concerned, the board or court before which the matter is pending shall refer the question of whether the board or court has authority to review to the Court of Appeals, which shall decide the question in a summary manner. [Formerly 19.230]
Note: 34.102 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 34 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 34.040 - When allowed.
Section 34.105 - Definitions for ORS 34.105 to 34.240.
Section 34.120 - Courts having jurisdiction.
Section 34.130 - Petition for writ; service; order of allowance; intervention.
Section 34.140 - Direction and service of writ; proof of service; enforcing obedience to writ.
Section 34.150 - Peremptory and alternative writs; form.
Section 34.210 - Recovery of damages; attorney fees, costs and disbursements.
Section 34.250 - Certain mandamus proceedings under Supreme Court’s original jurisdiction.
Section 34.330 - Who may not prosecute writ.
Section 34.360 - Contents of petition when person challenges authority for confinement.
Section 34.430 - Defect of form; designation of persons.
Section 34.540 - Contents of return.
Section 34.600 - When party to be remanded.
Section 34.610 - Grounds for discharge of prisoner in custody under order or civil process.
Section 34.700 - Judgment; liability for obedience to judgment; payment of attorney fees.