Appeals
DISCLAIMER
The information provided is an overview of the appeal process. The absence or error of information on this page does not waive or alter any applicable standards or requirements. The appellant has the burden of proof to file a valid appeal and demonstrate that all appeal criteria have been satisfied.
Appealable Decisions
Decisions by the Planning Director*, Planning Commission, or Historic Review Board may be appealed to the City Council. The authority to appeal and procedures to seek review of a decision are provided in Chapter 99 PROCEDURES FOR DECISION MAKING: QUASI-JUDICIAL.
*Expedited Land Divisions and Middle Housing Land Divsion may be appealed under under the provisions provided in Oregon Revised Statute 197.375.
City Council decisions may be appealed, through a separate process, to the Oregon Land Use Board of Appeals (LUBA), per Oregon Administrative Rule (OAR) Chapter 661. Visit the LUBA website for more information.
Who Can Appeal
Individuals or official neighborhood associations who have standing in the case may file an appeal (CDC 99.140).
How to Appeal
An appeal application and fee may be submitted online, in person at the City Hall Planning Counter, or via mail (22500 Salamo Rd., West Linn, OR 97068).
Requirements
The appeal fee and documents must be submitted within the appeal period specified in the decision. In order to be valid, the appeal application must also include:
- Application: A development review application (check the “Appeal” box)
- Fee: The appeal must include the required fee.
- Decision Details: The date of the decision and the case file number for the decision being appealed.
- Documentation of Standing: Documentation that the person filing the appeal qualifies as a party of standing, as described in CDC 99.140.
- Basis of Appeal: A statement explaining the reason(s) for the appeal, with citations of the relevant decision findings and specific code criteria the appellant(s) believe were not met or were incorrectly applied or interpreted.
- Neighborhood Associations: If the appellant is an official neighborhood association, the application must include a copy of meeting minutes documenting a vote in support of the appeal (CDC 99.240).
Formally recognized neighborhood associations may appeal land use decisions without cost if they demonstrate they meet the criteria listed in CDC Chapter 99.240 (C.)
Failure to submit the application and fee within the appeal period, or omission of any required elements will result in the application being rejected.
Appeal Hearing
If an appeal is deemed valid, the Planning Director will provide notice of an appeal hearing to all persons or organizations with standing. Appeal hearings are de novo, which means the decision-maker will review the case anew. All information and evidence from earlier reviews will be included in the record. The City Council may affirm, reverse, modify, or remand the decision being appealed. More information on hearings procedures can be found in CDC Chapter 99.
