Simon et ux v. Board of County Commissioners

Plaintiffs sought a writ of mandamus to compel defendant (county) to approve their application for a permit to partition their land. The trial court dismissed the petition after concluding that plaintiffs filed it before the end of the 120-day period within which county had to take final action. The sole issue on appeal is on what date an application submitted to a county planning commission for a permit to develop land is “deemed complete.”

ORS 215.428 provides:

“(1) Except as provided in subsections (3) and (4) of this section, the governing body of a county or its designate shall take final…