ORS 227.179
Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days

  • jurisdiction
  • notice of petition

(1)

Except when an applicant requests an extension under ORS 227.178 (Final action on certain applications required within 120 days) (5), if the governing body of a city or its designee does not take final action on an application for a permit, limited land use decision or zone change within 120 days after the application is deemed complete, the applicant may file a petition for a writ of mandamus under ORS 34.130 (Petition for writ) in the circuit court of the county where the application was submitted to compel the governing body or its designee to issue the approval.

(2)

The governing body shall retain jurisdiction to make a land use decision on the application until a petition for a writ of mandamus is filed. Upon filing a petition under ORS 34.130 (Petition for writ), jurisdiction for all decisions regarding the application, including settlement, shall be with the circuit court.

(3)

A person who files a petition for a writ of mandamus under this section shall provide written notice of the filing to all persons who would be entitled to notice under ORS 197.797 (Local quasi-judicial land use hearings) and to any person who participated orally or in writing in any evidentiary hearing on the application held prior to the filing of the petition. The notice shall be mailed or hand delivered on the same day the petition is filed.

(4)

If the governing body does not take final action on an application within 120 days of the date the application is deemed complete, the applicant may elect to proceed with the application according to the applicable provisions of the local comprehensive plan and land use regulations or to file a petition for a writ of mandamus under this section. If the applicant elects to proceed according to the local plan and regulations, the applicant may not file a petition for a writ of mandamus within 14 days after the governing body makes a preliminary decision, provided a final written decision is issued within 14 days of the preliminary decision.

(5)

The court shall issue a peremptory writ unless the governing body or any intervenor shows that the approval would violate a substantive provision of the local comprehensive plan or land use regulations as those terms are defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325). The writ may specify conditions of approval that would otherwise be allowed by the local comprehensive plan or land use regulations. [1999 c.533 §10; 2003 c.150 §2]

Source: Section 227.179 — Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days; jurisdiction; notice of petition, https://www.­oregonlegislature.­gov/bills_laws/ors/ors227.­html.

Notes of Decisions

Applicant does not waive right to mandamus action when applicant continues application process after 120-day deadline. State ex rel West Main Townhomes v. City of Medford, 233 Or App 41, 225 P3d 56 (2009), modified 234 Or App 343, 228 P3d 607 (2010)

227.010
Definition for ORS 227.030 to 227.300
227.020
Authority to create planning commission
227.030
Membership
227.090
Powers and duties of commission
227.095
Definitions for ORS 227.100 and 227.110
227.100
Submission of plats for subdivisions and plans for street alterations and public buildings to commission
227.110
City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city
227.120
Procedure and approval for renaming streets
227.160
Definitions for ORS 227.160 to 227.186
227.165
Planning and zoning hearings officers
227.170
Hearing procedure
227.172
Siting casino in incorporated city
227.173
Basis for decision on permit application or expedited land division
227.175
Application for permit or zone change
227.178
Final action on certain applications required within 120 days
227.179
Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days
227.180
Review of action on permit application
227.181
Final action required within 120 days following remand of land use decision
227.182
Petition for writ of mandamus authorized when city fails to take final action within 120 days of remand of land use decision
227.184
Supplemental application for remaining permitted uses following denial of initial application
227.185
Transmission tower
227.186
Notice to property owners of hearing on certain zone change
227.187
Public sale of copies of city comprehensive plan and land use regulations
227.188
Amendments to city comprehensive plan map
227.190
Solar access ordinances
227.195
Effect of land use regulations and comprehensive plans
227.215
Regulation of development
227.280
Enforcement of development legislation
227.283
Regulations applicable to resumption of nonconforming uses
227.286
Regulations applicable to public property
227.290
Building setback lines established by city council
227.300
Use of eminent domain power to establish setback lines
227.320
City program for demolition of residences or residential buildings
227.350
Notice of proposed wetlands development
227.400
Truck routes
227.450
Recycling containers
227.455
Clustered mailboxes in city streets and rights-of-way
227.500
Use of real property for religious activity
227.505
Solar energy systems on residential and commercial structures
227.600
Land use approval preapplication review
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