IN THE COURT OF APPEALS OF THE STATE OF OREGON

ORDER GRANTING STANDING
EXTENSION OF TIME TO FILE
COMBINED RESPONDENT
AND CROSS-PETITIONER'S
BRIEF UNDER ORAP 4.68(2).
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Chief Judge Order

ORAP 4.66 and 4.68 relate to judicial review of orders of the Land Use Board of Appeals. Effective January 1, 2007, ORAP 4.66 was amended to provide that the petitioner's brief is due 21 days after the filing of the petition for judicial review and that the respondent's brief is due 21 days after the filing of petitioner's brief. However, ORAP 4.68(2) was not amended to give a respondent who also is a cross-petitioner 21 days to file a combined respondent and cross-petitioner's brief, but, rather, that rule continues to require that a combined respondent and cross-petitioner's brief is due 14 days after the filing of the opening brief.

Therefore, pending amendment of ORAP 4.68(2), the Court of Appeals grants a standing extension of time of seven days to a cross-petitioner to file a combined respondent and cross-petitioner's brief. The effect of this order is to expand the time provided for filing a combined respondent and cross-petitioner's brief in a land use case from 14 days after the filing of petitioner's brief, as provided in Oregon Rule of Appellate Procedure 4.68(2), to 21 days after the filing of petitioner's brief.

This order shall expire when an amendment to ORAP 4.68(2) equivalent to this order becomes effective or when revoked by subsequent order.

DATED this 8th day of February, 2007.

David V. Brewer,
Chief Judge


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