- Court: Oregon Land Use Board of Appeals
- Area(s) of Law: Land Use
- Date Filed: 05-03-2022
- Case #: 2021-105
- Judge(s)/Court Below: Opinion by Ryan
- Full Text Opinion
Petitioner appealed a decision by the city council denying her appeal of the planning commission’s approval of Respondent’s permit to construct an accessory building next to their existing church building. Petitioner’s appeal did not assign error or challenge any findings or applications of law by the commission. Respondent argued Petitioner’s appeal was deficient for its failure to assign error or otherwise challenge the decisions below. Under OAR 660-010-0030(4), a petition for review must assign error and provide arguments for why a decision below must be reversed. The Board found that because Petitioner failed to assign error to any of the findings or interpretations of law below, there was no basis for the Board to evaluate whether to reverse or remand the city council’s decision. Affirmed.