Oregon Statutes 197.540 – Review by Land Use Board of Appeals
(1) In the manner provided in ORS § 197.830 to 197.845, the Land Use Board of Appeals shall review upon petition by a county, city or special district governing body or state agency or a person or group of persons whose interests are substantially affected, any moratorium on construction or land development or a corrective program alleged to have been adopted in violation of the provisions of ORS § 197.505 to 197.540.
Terms Used In Oregon Statutes 197.540
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) If the board determines that a moratorium or corrective program was not adopted in compliance with the provisions of ORS § 197.505 to 197.540, the board shall issue an order invalidating the moratorium.
(3) All review proceedings conducted by the Land Use Board of Appeals under subsection (1) of this section shall be based on the administrative record, if any, that is the subject of the review proceeding. The board shall not substitute its judgment for a finding solely of fact for which there is substantial evidence in the whole record.
(4) Notwithstanding any provision of ORS chapters 195, 196, 197 and 197A to the contrary, the sole standard of review of a moratorium on construction or land development or a corrective program is under the provisions of this section, and such a moratorium shall not be reviewed for compliance with the statewide planning goals adopted under ORS chapters 195, 196, 197 and 197A.
(5) The review of a moratorium on construction or land development under subsection (1) of this section shall be the sole authority for review of such a moratorium, and there shall be no authority for review in the circuit courts of this state. [1980 c.2 § 5; 1983 c.827 § 45; 2001 c.672 § 9]
[1995 s.s. c.3 § 20; repealed by 1996 c.12 § 14]
[1995 s.s. c.3 § 19; repealed by 1996 c.12 § 14]
[1995 s.s. c.3 § 21; repealed by 1996 c.12 § 14]
[1995 s.s. c.3 § 23; repealed by 1996 c.12 § 14]
[1995 s.s. c.3 § 24; repealed by 1996 c.12 § 14]
[1995 s.s. c.3 § 22; repealed by 1996 c.12 § 14]
[1995 s.s. c.3 § 25; repealed by 1996 c.12 § 14]
[1995 s.s. c.3 § 26; repealed by 1996 c.12 § 14]
[1995 s.s. c.3 § 27; repealed by 1996 c.12 § 14]
[1995 s.s. c.3 § 28; repealed by 1996 c.12 § 14]
[1995 s.s. c.3 § 29; repealed by 1996 c.12 § 14]
[1995 s.s. c.3 § 30; repealed by 1996 c.12 § 14]
[1995 s.s. c.3 § 30a; 1997 c.800 § 10; renumbered 267.334 in 1997]
[1995 s.s. c.3 § 31; repealed by 1996 c.12 § 14]
[1981 c.748 § 3; repealed by 1983 c.827 § 59]
POST-ACKNOWLEDGMENT PROCEDURES