(1) Upon application of the petitioner, the board may grant a stay of a land use decision
or limited land use decision under review if the petitioner demonstrates:
(a) A colorable claim of error in the land use decision or limited land use decision
under review; and
(b) That the petitioner will suffer irreparable injury if the stay is not granted.
(2) If the board grants a stay of a quasi-judicial land use decision or limited land
use decision approving a specific development of land, it shall require the petitioner
requesting the stay to give an undertaking in the amount of $5,000. The undertaking shall be in addition to the filing fee and deposit for costs required
under ORS 197.830 (9). The board may impose other reasonable conditions such as requiring the petitioner
to file all documents necessary to bring the matter to issue within specified reasonable
periods of time.
(3) If the board affirms a quasi-judicial land use decision or limited land use decision
for which a stay was granted under subsections (1) and (2) of this section, the board
shall award reasonable attorney fees and actual damages resulting from the stay to
the person who requested the land use decision or limited land use decision from the
local government, special district or state agency, against the person requesting
the stay in an amount not to exceed the amount of the undertaking.
(4) The board shall limit the effect of a stay of a legislative land use decision
to the geographic area or to particular provisions of the legislative decision for
which the petitioner has demonstrated a colorable claim of error and irreparable injury
under subsection (1) of this section. The board may impose reasonable conditions on a stay of a legislative decision, such
as the giving of a bond or other undertaking or a requirement that the petitioner
file all documents necessary to bring the matter to issue within a specified reasonable
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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