STATE EX REL. ASPEN GROUP v. WASHINGTON CTY.

(C96-0369CV; CA A105545)

996 P.2d 1032 (2000)

166 Or. App. 217

STATE of Oregon, ex rel. the ASPEN GROUP, INC., Respondent, v. WASHINGTON COUNTY BOARD OF COMMISSIONERS, comprised of Kathy Christy, Andrew Duyck, Kim Katsion, Linda Peters and Roy Rogers, Respondent, and Margery Crist, Intervenor-Appellant.

Court of Appeals of Oregon.

Decided March 15, 2000.


Attorney(s) appearing for the Case

William C. Cox, Portland, argued the cause for intervenor-appellant. With him on the brief was Gary P. Shepherd, Portland.

Ronald T. Adams, Portland, argued the cause for respondent State of Oregon, ex rel The Aspen Group, Inc. With him on the brief was Black Helterline LLP.

No appearance by respondent Washington County Board of Commissioners.

Before DeMUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.


WOLLHEIM, J.

ORS 215.428(1)1 requires counties to take final action on land use "permit applications" within 120 days after their filing is "deemed complete." In the event that a county fails to do so, ORS 215.428(7) establishes a mandamus remedy whereby the applicant may obtain an order requiring the approval of the application, unless it is shown that the granting of the application would violate...

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