IN THE SUPREME COURT OF THE STATE OF OREGON

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of Adoption of
Amendments to the Oregon Rules of
Appellate Procedure

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Chief Justice Order 06-070

Chief Justice Order

ORDER ADOPTING TEMPORARY AMENDMENT

Pursuant to ORAP 1.10(2), the Supreme Court and Court of Appeals may, from time to time, adopt temporary amendments to the Oregon Rules of Appellate Procedure. The Supreme Court and Court of Appeals by this order adopt a temporary amendment to Oregon Rule of Appellate Procedure 4.60. The amendment is set out below with additions indicated in boldface and deletions indicated in strikeout. The amendment adopted by this order is effective January 1, 2007. This amendment shall expire on December 31, 2008, if not previously adopted as permanent amendments.

Rule 4.60
LUBA CASES IN GENERAL

(1) Insofar as practicable, and except where some other procedure is provided by statute or these rules, the procedure for judicial review of final orders of the Land Use Board of Appeals (LUBA) shall be the same as for judicial review of administrative proceedings, including that the form, content, and service of the petition shall be as prescribed in ORAP 4.15.

(2) The petitioner shall establish in the petition for judicial review, by reference to the record of the local proceeding before LUBA or by petitioner's affidavit accompanying the petition, that the petitioner has constitutional statutory standing to invoke the jurisdiction of the court.1 The petitioner also shall state in the petition the basis of the petitioner's statutory standing.

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See ORS 197.850.

1See Just v. City of Lebanon, 193 Or App 132, 147-48, 88 P3d 312 (2004) rev allowed, 337 Or 247 (2004) (a petitioner lacks standing if the petitioner has not demonstrated that a decision of the court will have a practical effect on the petitioner's interest); see also Utsey v. Coos County, 176 Or App 524, 539-40, 32 P3d 933 (2001), rev dismissed, 335 Or 217 (2003) (a person invoking the jurisdiction of the court must establish standing by showing that a decision would have some practical effect on the person).

DATED this 19th day of December, 2006.

Paul J. De Muniz,
Chief Justice

DATED this 19th day of December, 2006.

David V. Brewer,
Chief Judge


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