Ken Isaacs v. Jeff Caldwell Member of Georgetown-Scott County Planning Commission

I concur with the majority’s excellent analysis and determination that “we regard the summons for the Bank to have been issued contemporaneously with the filing of the appeal before the expiration of the time limitation.” The majority correctly states that good faith requires the party to diligently attend to the service of the summons. However, I disagree that Appellants failed to comply with the “good faith” element. In holding otherwise, both lower courts and the majority all consider the wrong time period. Therefore, I dissent in part.

OR 3.01 requires “the issuance of a summons ... in…