Choban v. Washington County

The majority relies on East McAndrews Neighborhood v. City of Medford, 104 Or App 280, 800 P2d 308 (1990), rev den 311 Or 150 (1991), as authority for rejecting respondents’ argument that the failure of petitioner to serve them by registered or certified mail is a jurisdictional defect. In that case, the respondent moved to dismiss the petition on the ground that it did not show proof of service on LUBA. We held that the failure to serve LUBA was not a jurisdictional defect under ORS 197.850(3)(b), which provides:

*218“Filing of the petition as set forth in paragraph (a) of this subsection, and…