Bigej Enterprises v. Tillamook County

Plaintiffs appeal from a judgment denying their request for a writ of mandamus to compel defendant Tillamook County (county) to approve their application for a conditional use permit in accordance with ORS 215.428(7).1 We affirm.

In August, 1990, plaintiffs applied to the County Board of Commissioners for a conditional use permit to construct a fishing lodge on their property. The application was completed on September 4,1990. As a result of continuances granted by the Board, the 120-day period in which the Board had to act on the application under ORS 215.428(1) was to expire on April 10,…