Aleali v. City of Sherwood

The City of Sherwood (city) made land use decisions following public hearings by its planning commission. More than seven months later, petitioner sought review of those decisions by filing a notice of intent to appeal with the Land Use Board of Appeals (LUBA or board). LUBA dismissed the appeal as untimely under ORS 197.830(9), which requires that the notice be filed with LUBA “not later than 21 days after the date the decision sought to be reviewed becomes final.”

Before LUBA, petitioner contended that the time to appeal the land use decision was tolled under ORS 197.830(3), which allows an…