Friends of Bull Mountain v. City of Tigard

Petitioners seek judicial review of a final order of the Land Use Board of Appeals (LUBA). Respondent D.R. Horton, Inc. (Horton) moves to dismiss on the ground that the petition for judicial review was untimely filed. We grant the motion and dismiss the judicial review.

The facts pertinent to the disposition of the motion are not in dispute. The City of Tigard approved an ordinance that annexes certain property. Petitioners appealed to LUBA arguing that, among other things, the city’s annexation ordinance was based on consent of the property owners and electors that had been improperly…