State ex rel. Lowell v. Eads

Intervenors Estremado appeal from the judgment in this mandamus action under ORS 215.428(7)(b) in which the trial court ordered defendant Jackson County to approve plaintiff Lowell’s applications for three forest dwelling permits. We affirm.

After the county failed to take final action on plaintiffs applications within the 120-day period prescribed by ORS 215.428(1), plaintiff invoked the mandamus remedy provided by ORS 215.428(7)(b). That section provides, inter alia, that the “writ shall be issued unless the [county] governing body shows that the approval would violate a substantive…