Hoffman v. City of Portland

Because I disagree with the majority’s understanding of the significance of the Supreme Court’s decision in Gordon v. City of Beaverton, 292 Or 228, 637 P2d 125 (1981), I dissent from that portion of the opinion disposing of petitioner’s third and fourth arguments, which relate to LUBA’s authority to accept a late filing of the petition and supporting brief after the agency has acquired jurisdiction.

Petitioner’s third argument is the more troublesome one, because LUBA based its dismissal here on our opinion in Gordon v. City of Beaverton, 52 Or App 937, 630 P2d 366 (1981), that the agency had…