Oregon Coast Alliance et al v. City of Florence

Under ORS 197.830(9) and OAR 661-010-0015(l)(a), notices of intent to appeal land use decisions must be filed within 21 days after the decision becomes final, or in the case of post-acknowledgment plan amendments (PAPA), 21 days after notice of the decision is mailed, unless a different local rule applies.

Oregon Coast Alliance appealed an ordinance annexing property. The ordinance, along with another applying city zoning to said property were passed by the Florence city council and signed by the mayor on April 5, 2021. The city sent out a single notice of decision on both ordinances on April 13, 2021. Under ORS 197.830(9) and OAR 661-010-0015(l)(a), notices of intent to appeal land use decisions must be filed within 21 days after the decision becomes final, or in the case of post-acknowledgment plan amendments (PAPA), 21 days after notice of the decision is mailed, unless a different local rule applies. Oregon Coast Alliance filed its notice of intent to appeal on May 3, 2021. The city sought to dismiss the appeal as untimely.

Oregon Coast Alliance responded that under Florence City Code (FCC) 10-1-1-6-4(E), the ordinance was never final, or alternatively that because the city sent out the notice of the decision on both ordinances together, they could be jointly considered a PAPA, and their 21 days should run from there. The Board found that under FCC 10-1-1-6-4(E), ordinances become final when specified. “[T]he annexation ordinance specifie[d] that it was reduced to writing and signed on April 5, 2021” and was therefore final on that date, lacking a contrary specification. The Board further found that the annexation and zoning ordinances were separate decisions with separate legal effects such that the annexation could not be considered a PAPA. DISMISSED.