Shaffer v. City of Salem

Pursuant to section 114.200 of the Salem city code, petitioner appealed to the city council from a hearings officer’s decision granting a variance sought by respondent Tosco Northwest Company. The city planning manager notified petitioner’s attorney by letter that “[t]he City of Salem must reject this appeal because it is untimely,” having not been filed within 15 days after the hearings officer’s decision as required by section 114.200(b). Petitioner appealed to LUBA from the dismissal of his appeal to the council. He contended that he had not received timely notice of the hearings officer’s…