Remedies for unlawful structures or land use
Source:
Section 215.185 — Remedies for unlawful structures or land use, https://www.oregonlegislature.gov/bills_laws/ors/ors215.html
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Notes of Decisions
This section, read in conjunction with [former] ORS 215.180 and ORS 215.190, means that the person responsible for unlawfully constructing buildings has a duty to remove them, and, therefore, mandamus will lie against that person. Parks v. Bd. of County Commrs., Tillamook, 11 Or App 177, 501 P2d 85 (1972), Sup Ct review denied
Where petitioners for writ of mandamus knew that subdivision had been approved on basis of seven-acre lots despite adoption of twenty-acre minimum lot size requirement before final subdivision approval and knew that construction was going forward on basis of seven-acre lots, but did not notify developers, builders or owners of property until homes were completed, trial court properly refused to order removal of homes under this section. Drain v. Clackamas County, 36 Or App 799, 585 P2d 746 (1978)
Where building is trailer house within meaning of county ordinance if designed to be manufactured so it can be moved from one location to another and is expressly excluded from definition of single-family dwelling, trailer house is prohibited from areas bearing designation “recreational residential” zone. Clackamas County v. Dunham, 282 Or 419, 579 P2d 223 (1978)
Circuit court does not have jurisdiction under this section to resolve disputes in which alleged activity is taken pursuant to “land use decision” by local governing body; LUBA has exclusive jurisdiction to correct errors in land use decisions. Mehring v. Arpke, 65 Or App 747, 672 P2d 382 (1983), Sup Ct review denied
Plaintiff’s action to compel removal of transmission tower erected pursuant to county permits was properly dismissed on ground that subject matter of action was within LUBA’s exclusive jurisdiction as review of action taken in accordance with land use decision by local government. Wright v. KECH-TV, 71 Or App 662, 694 P2d 545 (1984), aff’d 300 Or 139, 707 P2d 1232 (1985)
Law Review Citations
55 OLR 119 (1976)