Does an appeal automatically stop a development that has been approved by a local government or special district?
No. In order to stop development while a LUBA appeal is pending, the Petitioner must file a Motion for Stay of the land use decision or limited land use decision. State law (ORS 197.845) and LUBA´s rules (OAR 661-010-0068) govern whether a stay can be issued in a particular case. LUBA´s rules allow parties who oppose the Motion for Stay to submit a response before a ruling is made. If LUBA grants a stay of a decision approving a specific development, state law requires the Petitioner to post a $5,000 bond. ORS 197.845(2). If LUBA eventually upholds the land use decision, the bond is used to reimburse the developer for attorney fees and “actual damages resulting from the stay.
Related Questions
- Does an appeal automatically stop a development that has been approved by a local government or special district?
- If an appeal to correct an evaluation report is approved, is special selection board consideration automatic?
- Do projects approved by the local Soil Conservation District automatically comply with these rules?
