Magar v. City of Portland

Plaintiff appeals from a judgment dismissing his petition for writ of review for lack of subject matter jurisdiction. We review the circuit court’s legal conclusion regarding jurisdiction for errors of law, Horn and Horn, 97 Or App 177, 180, 775 P2d 338, rev den 308 Or 465 (1989), and conclude that the failure to file an undertaking in a writ of review proceeding is not a jurisdictional defect. Accordingly, we vacate the circuit court’s judgment of dismissal and remand to the circuit court.

Plaintiff is the owner of a residential property located in the City of Portland. At some point before…