Oregon Pipeline Company, LLC v. Columbia Riverkeeper

Pursuant to ORS 197.825, a county's withdrawal of a decision for reconsideration of a matter that is currently being appealed to the Land Use Board of Appeals (LUBA) does not divest LUBA of exclusive jurisdiction over that matter.

Oregon Pipeline (Pipeline) appealed the circuit court decision in favor of Clatsop County (the county). In February 2010, Pipeline applied to the county in order to receive permission to construct a natural gas pipeline. When the county approved the application in November 2010, a third party, Columbia Riverkeeper, appealed the decision to the Land Use Board of Appeals (LUBA). While the issue was being appealed, the county asked permission to reconsider its prior approval. Pipeline then filed a petition for a writ of mandamus in order to force the county to approve the gas pipeline. Pipeline argued that by withdrawing its decision the county had failed to take final action on the application within the statutory limit of 150 days. The circuit court dismissed Pipeline's claim for lack of personal jurisdiction holding that LUBA had exclusive jurisdiction over the issue. The Court of Appeals upheld the circuit court's ruling, holding that the county's November 2010 decision was final, and therefore, LUBA had exclusive jurisdiction over the matter. Affirmed.