Multnomah County v. Talbot

I dissent because it appears clear to me that the circuit court had no jurisdiction to entertain the appeal from the state historic preservation officer’s decision to approve the classification of the subject property as historic property.

ORS 358.495 on its face does not authorize such an appeal. It provides:

“(1) The state historic preservation officer shall immediately notify the county assessor and the applicant of his approval or disapproval of the application * * *.

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“(3) Any owner whose application for classification has been denied by the state historic preservation officer…