Narrative Opinion Summary
In this case, the petitioner appealed the Land Use Board of Appeals' (LUBA) dismissal of his land use decision appeal due to late filing. The petitioner’s documents were submitted after the 20-day deadline, a timeframe mandated by Oregon law, as they were received by LUBA on July 1, 1981, despite an attempted delivery on June 30, 1981, after business hours. The petitioner argued that filing should be valid if documents are delivered before midnight on the deadline day and that LUBA should have the discretion to accept late filings or excuse delays. However, the court reaffirmed that filing occurs when documents are received by the official, not merely delivered, and that the statutory deadline concluded on June 30. The court also emphasized LUBA's lack of authority to extend or waive filing deadlines. The dismissal was upheld, reinforcing the strict adherence to procedural timelines. Additionally, the court outlined the necessary components of a petition for review and the conditions under which extensions may be granted, which require timely motions and agreement from all parties involved.
Legal Issues Addressed
Authority of LUBA to Accept Late Filingssubscribe to see similar legal issues
Application: The court held that the Land Use Board of Appeals does not have the authority to waive or extend the statutory timeframe for filing appeals.
Reasoning: LUBA lacks the authority to waive or extend this statutory timeframe.
Extension of Time for Filing under OAR 661-10-075(1)(B)subscribe to see similar legal issues
Application: Extensions for filing deadlines, other than the Notice of Intent to Appeal, may be granted upon a timely motion that includes consent from all parties involved.
Reasoning: Former OAR 661-10-075(1)(B) states that time deadlines for filing documents with the Board, aside from the Notice of Intent to Appeal, can be extended upon motion by the requesting party.
Filing Deadline Requirements under Oregon Lawsubscribe to see similar legal issues
Application: The court determined that the 20-day filing deadline is strict and concludes at the end of the specified period, with no exceptions for late submissions.
Reasoning: The court found that 'filing' occurs when documents are received by the official, not merely delivered to an office. Therefore, the official filing was on July 1.
Requirements for Filing a Petition for Reviewsubscribe to see similar legal issues
Application: The petition must include specific elements such as a copy of the decision under review and a statement of the facts establishing the petitioner's standing, among others.
Reasoning: The petition must include a copy of the decision under review and specify: a) the facts establishing the petitioner's standing; b) the decision date; c) the issues for review.