Simon v. Board of County Commissioners

*489ROSSMAN, J.

Plaintiffs appeal the denial of an alternative writ of mandamus to compel defendant to approve an application for a minor partition of plaintiffs’ land. ORS 215.428(7). Defendant denied the application in the fall of 1984, more than 120 days after the application was deemed complete. ORS 215.428(1). Plaintiffs did not seek mandamus before the denial was issued, nor did they appeal the decision to the Land Use Board of Appeals (LUBA). Instead, they filed a second application for partition, which was also denied. Simon v. Board of Co. Comm. of Marion Co., 84 Or App 311, 733 P2d 901…