State Ex Rel. Stewart v. City of Salem

Relator, Mel Stewart, filed a petition for an alternative writ of mandamus pursuant to ORS 227.179(1), seeking to compel the City of Salem to approve his application under ORS 92.040 to partition his property. Arguing that the petition was filed prematurely, the city moved to dismiss. The trial court agreed and dismissed the petition; relator appeals. The issue on appeal pertains to the date on which relator’s application for partition was complete pursuant to ORS 227.178(2). On review for errors of law, State ex rel West Main Townhomes v. City of Medford, 233 Or App 41, 43, 225 P3d 56…