State ex rel. Compass Corp. v. City of Lake Oswego

Defendant City of Lake Oswego appeals from a judgment directing it to grant plaintiffs partition application in this mandamus action under ORS 227.178(7).1 We reverse.

The city took final action to deny the application after plaintiff brought the mandamus action, but before the action was finally adjudicated. In Edney v. Columbia County Board of Commissioners, 119 Or App 6, 849 P2d 1125, rev allowed 317 Or 162 (1993), decided after the parties filed their briefs here, we construed ORS 215.428(7), the provision that is applicable to counties and that parallels ORS 227.178(7), and held that…