East McAndrews Neighborhood Ass'n v. City of Medford

Petitioner East McAndrews Neighborhood Association (association) seeks review of LUBA’s dismissal, for lack of standing, of its appeal from a land use decision by the City of Medford.

Respondent Schleining1 moved to dismiss the petition on the ground that the petition does not show proof of service on LUBA.2 ORS 197.850(4) requires copies of the petition to be served on LUBA and all parties of record in the LUBA proceeding. See also ORAP 4.15(5)(a); ORAP 4.62. However, ORS 197.850(3) (b) provides:

“Filing of the petition, as set forth in paragraph (a) of this subsection, and service of a…