Or. Admin. Code § 661-010-0030 - Petition for Review
(1) Filing and
Service of Petition: Unless the Board orders otherwise pursuant to ORS
197.830(10)(a), the petition for review shall be filed with the Board within 21
days after the date the record is received or settled by the Board. See OAR 661
010-0025(2) and 661-010-0026(6). The petition shall also be served on the
governing body and any party who has filed a motion to intervene. Failure to
file a petition for review within the time required by this section, and any
extensions of that time under OAR 661-010-0045(9) or 661-010-0067(2), shall
result in dismissal of the appeal, forfeiture of the filing fee to the
governing body, and an award of up to $200 for the cost of preparation of the
record payable from the petitioner(s) to the governing body. See OAR
661-010-0075(1)(c). Co-petitioners who file a single Notice of Intent to Appeal
shall be limited to a single, joint petition for review. In consolidated
appeals in which the petitioners are the same the petitioners shall be limited
to a single petition for review. Within fourteen days after the consolidated
record is received, petitioners may request permission to exceed the applicable
word limit in writing and shall state the reasons why an overlength petition
for review will assist the Board in resolving the appeal.
(2) Specifications of Petition: The petition
for review shall:
(a) Begin with a table of
contents and authorities;
(b) Not
exceed 11,000 words, unless permission for a longer petition is given by the
Board. Headings, footnotes, and quoted material count toward the word-count
limitation. The front cover, table of contents, table of authorities,
appendices, certificate of service, any other certificates, and the signature
block do not count toward the word-count limitation;
(c) If a party does not have access to a
word-processing system that provides a word count, a brief is acceptable if it
does not exceed 38 pages;
(d) Have
blue front and back covers of at least 65-pound weight paper. The front cover
page shall state the full title of the proceeding, and the names, addresses,
electronic mail addresses, and telephone numbers of all parties unrepresented
by an attorney. If a party is represented by an attorney, the name, address,
electronic mail address, and telephone number of the attorney shall be
substituted for the party. If there is more than one petitioner, the cover page
shall specify which petitioner(s) are filing the petition. An intervenor shall
be designated as either petitioner or respondent in accordance with OAR
661-010-0050;
(e) Briefs must be
legible and capable of being read without difficulty. The print must be black.
Briefs must be prepared using proportionately spaced type. The style must be in
font such as Times New Roman, and may not be smaller than 14-point type both
for text and for footnotes;
(f) Be
double spaced, except that quotations and footnotes may be single-spaced with
double space above and below each paragraph of quotation;
(g) Have text printed on only one side of the
page; however, text may be printed on both sides of the page if the paper is
sufficiently opaque to prevent material on one side from showing through, and
the petition is bound along the left-hand margin so that the pages lie flat
when open;
(h) Be printed on 8-1/2
by 11-inch paper, with numbers for each line of text and page numbers on the
top of each page of text;
(i) Have
inside margins of 1-1/4 inches, outside margins of 1 inch, top and bottom
margins of 3/4 inch; and
(j) Be
signed on the last page by the author. In cases where multiple unrepresented
petitioners or intervenors-petitioners file a single petition for review, the
petition for review shall be signed by all petitioners or
intervenors-petitioners who wish to join the petition for review.
(k) A signed certificate of compliance with
the above-listed specifications for the petition for review shall be appended
after the final page of the petition. See Exhibit 7. The certificate of
compliance must include a statement that:
(A)
The brief complies with the word-count limitation in paragraph (2)(b) of this
subsection for briefs and OAR 661-010-0039 for reply briefs by indicating the
number of words in the brief. The person preparing the certificate may rely on
the word count of the word-processing system used to prepare the brief. If the
attorney, or a self-represented party, does not have access to a
word-processing system that provides a word count, the certificate must
indicate that the attorney, or self-represented party does not have access to
such a system and that the brief complies with paragraph (2)(c) of this
subsection for briefs and OAR 661-010-0039 for reply briefs.
(B) The brief complies with the font
limitation in paragraph (2)(e) of this subsection by indicating that the size
is not smaller than 14 point for both the text of the brief and
footnotes.
(C) The brief includes a
copy of the challenged decision, including any adopted findings of fact and
conclusions of law, as required by OAR 661-010-0030(4)(e).
(3) If the Board determines that
the petition for review fails to conform with the requirements of section (2)
of this rule, it shall notify the author, and a brief conforming with the
requirements of section (2) shall be filed within three (3) days of
notification by the Board. The Board may refuse to consider a brief that does
not substantially conform to the requirements of this rule.
(4) Contents of Petition: The petition for
review shall:
(a) State the facts that
establish petitioner's standing;
(b) Present a clear and concise statement of
the case, in the following order, with separate section headings:
(A) The nature of the land use decision or
limited land use decision and the relief sought by petitioner;
(B) A brief summary of the arguments
appearing under the assignments of error in the body of the petition;
(C) A summary of the material facts. The
summary shall be in narrative form with citations to the pages of the record
where the facts alleged can be found. Where there is a map in the record that
helps illustrate the material facts, the petitioner shall include a copy of
that map in the summary of the material facts or attach it as an appendix to
the petition.
(c) State
why the challenged decision is a land use decision or a limited land use
decision subject to the Board's jurisdiction;
(d) Set forth each assignment of error under
a separate heading. Each assignment of error must demonstrate that the issue
raised in the assignment of error was preserved during the proceedings below.
Where an assignment raises an issue that is not identified as preserved during
the proceedings below, the petition shall state why preservation is not
required. Each assignment of error must state the applicable standard of
review. Where several assignments of error present essentially the same legal
questions, the argument in support of those assignments of error shall be
combined;
(e) Contain a copy of the
challenged decision, including any adopted findings of fact and conclusions of
law; and
(f) Contain a copy of any
comprehensive plan provision, ordinance or other provision of local law cited
in the petition, unless the provision is quoted verbatim in the
petition.
(5) The
petition for review may include appendices containing verbatim transcripts of
relevant portions of media recordings that are part of the record.
(6) Amended Petition: A petition for review
which fails to comply with section (4) of this rule may, with permission of the
Board, be amended. The Board shall determine whether to allow an amended
petition for review to be filed in accordance with OAR 661-010-0005.
(7) Cross Petition: Any respondent or
intervenor-respondent who seeks reversal or remand of an aspect of the decision
on appeal regardless of the outcome under the petition for review may file a
cross petition for review that includes one or more assignments of error. A
respondent or intervenor-respondent who seeks reversal or remand of an aspect
of the decision on appeal only if the decision on appeal is reversed or
remanded under the petition for review may file a cross petition for review
that includes contingent cross-assignments of error, clearly labeled as such.
The cover page shall identify the petition as a cross petition and the party
filing the cross petition. The cross petition shall be filed within the time
required for filing the petition for review and must comply in all respects
with the requirements of this rule governing the petition for review, except
that a notice of intent to appeal need not have been filed by such
party.
Notes
To view attachments referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(11), ORS 197.830(12) & ORS 197.830(13)(a)
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