SIMON v. BOARD OF CTY. COMM. OF MARION CO.

86-C-10654; CA A39976.

733 P.2d 901 (1987)

84 Or.App. 311

Lynn SIMON and Elsie Simon, Husband and Wife, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, Respondents.

Court of Appeals of Oregon.

Decided March 11, 1987.


Attorney(s) appearing for the Case

Robert L. Engle, Woodburn, argued the cause for appellants. With him on the brief was Eichsteadt, Bolland, Engle, Schmidtman & Rohrer, Woodburn.

Janet S. McCoy, Asst. Legal Counsel, Salem, argued the cause and filed the brief for respondents.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Plaintiffs sought a writ of mandamus to compel defendant (county) to approve their application for a permit to partition their land. The trial court dismissed the petition after concluding that plaintiffs filed it before the end of the 120-day period within which county had to take final action. The sole issue on appeal is on what date an application submitted to a county planning commission for a permit to develop land is "deemed complete."

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