- Court: Oregon Court of Appeals
- Area(s) of Law: Administrative Law
- Date Filed: 11-21-2018
- Case #: A164278
- Judge(s)/Court Below: Lageson, PJ.; For the Court: DeVore, J., & James, J.
- Full Text Opinion
The Department of Land Conservation and Development (DLCD) appealed the circuit court’s order which remanded the case ruling back to the agency for further review on the merits. DLCD argued that the circuit court erred because Petitioner’s petition was deficient as a matter of law. “If [a] petition (including any information added under the provisions of Section 2) fails to meet the requirements of ORS 197.319 to 197.[3]24 and this division in a way that substantially prejudices the affected local government or district or is materially deficient, the department shall reject the petition.” OAR 660-045-0070(3). The Court of Appeals held that the petition was deficient. Reversed.