Estremado v. Jackson County

Petitioners seek review of LUBA’s dismissal of their appeal from what they denominate “land use decisions” of Jackson County approving respondent Lowell’s (respondent) site plan and related applications for dwellings in a resource zone. LUBA held that the county’s approvals were issued “in response to a writ of mandamus” under ORS 215.428(7) and, therefore, were not “land use decisions” subject to LUBA’s jurisdiction. ORS 197.015(10)(d)(B). We affirm.

Respondent filed his applications in late 1992. After substantially more than 120 days had elapsed and no final county action had been taken,…