Appeals
How to Submit an Appeal of a Land Use Decision
Persons who have established standing in a development decision may appeal a decision to the West Linn City Council within 14 days of the Final Decision Notice mailing date pursuant to the provisions of CDC Chapter 99. Those who are considering appealing a decision are strongly encouraged to contact the Planner Manager as soon as possible to review appeal application requirements.
An appeal application must be submitted to the Planning Department with the appeal fee by 5:00 pm within 14 days of the final decision notice mailing date. If the fourteenth day falls on any legal holiday, Saturday, Sunday, or day that City Hall is closed, the effective date and time is 5:00 p.m. on the next business day.
Neighborhood associations with standing may appeal land use decisions without paying the appeal fee if the appeal is related to the property within the association’s recognized boundaries.
To ensure a valid appeal, the appeal application should be submitted through the Submit a Land Use Application webpage, and the associated payment must be processed by 5 p.m. on the last day for appeals. An appeal must include:
- An application form;
- The $400 appeal fee;
- A reference to the decision (project number) to be appealed;
- The name, address, and signature of the appellant; and
- A statement explaining how the petitioner qualifies as a party of standing, as provided by CDC 99.140.
The appeal application may state the grounds for appeal. However, an appeal is a de novo review and not limited to the stated grounds for the appeal. All relevant issues may be considered. All evidence presented to the lower authority will be considered and given equal weight as evidence presented on appeal.
Failure to comply with all of the requirements will cause the appeal to be rejected. Even if the city does not initially reject the appeal, an applicant may argue to City Council that the appeal is not valid.
The City Council may affirm, reverse, modify, or remand the decision which is the subject of the appeal.
City Council decisions may be appealed to the State Land Use Board of Appeals per OAR 661. Information on how to file a LUBA appeal can be found on the LUBA website.
