State ex rel. K. B. Recycling, Inc. v. Clackamas County

Plaintiffs appeal from the trial court’s dismissal of the second claim in this mandamus action, through which plaintiffs sought to compel defendant Clackamas County to approve plaintiffs’ application for a permit under ORS 215.402 et seq.1 We reverse.

Plaintiffs filed the application in October 1998. On May 5, 1999, substantially more than 120 days afterward, the county hearings officer issued a decision denying the application. Under applicable county ordinance provisions, the hearings officer’s decision would have been “final” and appealable to the Land Use Board of Appeals (LUBA) unless,…