Simon v. Board of County Commissioners

BUTTLER, P. J.,

specially concurring.

On March 2,1984, plaintiffs filed the application for minor partitioning to which this proceeding relates. It was denied on October 24, 1984, more than 120 days after their application was complete. They sought no relief from that denial. Instead, they filed another application with defendant on November 14,1985, asking for approval of the same minor partition of the same land. That application was denied, and plaintiffs filed a petition for writ of mandamus under ORS *492215.428(7) to compel defendant to approve the second application, contending that…