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Cascade Aggregates, Inc. v. Scappoose Drainage District
Citations: 53 Or. App. 954; 633 P.2d 854; 1981 Ore. App. LEXIS 3248Docket: LUBA No. 80-152, CA A20286
Court: Court of Appeals of Oregon; September 8, 1981; Oregon; State Appellate Court
The Land Use Board of Appeals (LUBA) filed a "Withdrawal of Order for Purposes of Reconsideration" after the petitioner submitted a brief. The petitioner moved to strike this withdrawal, and the court granted the motion. According to Oregon Laws 1979, chapter 772, section 6a(2), judicial review of orders under the specified sections is strictly governed by that statute, without the provisions of ORS 183.480 to 183.500 applying. The omission of language similar to ORS 183.482(6) in section 6a aligns with the requirement for LUBA to issue a final order within 90 days of filing a petition, indicating that allowing a withdrawal could undermine this timeline. ORS 183.482(6) permits an agency to withdraw its order for reconsideration before a hearing, which would then require the agency to either affirm, modify, or reverse the order within a timeframe set by the court. If the petitioner is unsatisfied with the agency's post-withdrawal action, they may file an amended petition for review. The dissent references Jakob v. Dunes City, indicating potential implications if the case proceeds to the merits.