Oregon § 215.437 Writ of mandamus authorized after deadline following remand of land use decision

Oregon Statutes

§ 215.437 — Writ of mandamus authorized after deadline following remand of land use decision

Oregon § 215.437

Vol.6

Title 20Counties and County Officers

Ch. 215County Land Use Planning; Resource Lands

This text of Oregon § 215.437 (Writ of mandamus authorized after deadline following remand of land use decision) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 215.437 (2026).

Text

(1)If the governing body of a county or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 215.435, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 is filed, unless the court has been advised by the parties that the matter has been settled.

(2)A writ of mandamus issued under this section shall order the governing body of the county or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate.

(3)In a mandamus

Free access — add to your briefcase to read the full text and ask questions with AI

(1) If the governing body of a county or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 215.435, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 is filed, unless the court has been advised by the parties that the matter has been settled.
(2) A writ of mandamus issued under this section shall order the governing body of the county or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate.
(3) In a mandamus proceeding under this section the court shall award court costs and attorney fees to an applicant who prevails on a petition under this section.