Bigej Enterprises v. Tillamook County

Plaintiffs petition for review of our decision affirming the trial court’s judgment against them in this mandamus action under ORS 215.428. 115 Or App 425, 838 P2d 1095 (1992). We treat the petition as one for reconsideration, ORAP 9.15, and allow it to address two of plaintiffs’ contentions.

ORS 215.428(1) provides that a county “shall take final action” on an application for a land use permit within 120 days after the application is deemed complete. Plaintiffs argue that we erred in concluding that, for purposes of ORS 215.428, the county “took final action” on plaintiffs’ permit application…