Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Filing and Service of Brief: The Appellant's Brief shall be filed at the
Commission office and served no later than 30 days after the record is filed,
or settled if a party files an objection to the record. Failure to file an
Appellant's Brief within the time required by this section shall result in
dismissal of the appeal.
(2)
Specifications of Brief: The Appellant's Brief shall
(a) Begin with a table of contents;
(b) Not exceed 50 pages, exclusive of
appendices, unless permission for a longer brief is given by the Chair of the
Commission. If a brief exceeding the 50 page limit is filed without permission,
the Chair of the Commission shall notify the author and order a time period in
which to submit a revised brief satisfying the 50 pages limit.
(c) Have a blue cover page, stating the full
title of the proceeding, and the names, addresses and telephone numbers of all
parties unrepresented by attorney. If a party is represented by an attorney,
the name, address and telephone number of the attorney shall be substituted for
the party. An intervenor shall be designated as either appellant or
respondent.
(d) If there is more
than one appellant, the cover page shall specify the appellant(s) filing the
brief.
(e) Be typewritten, in
14-point type in a regularly used font such as Times New Roman, Helvetica, or
Calibri, and double spaced;
(f) Be
signed on the last page by the author. An electronic brief may contain an
electronic signature or other generally accepted substitute.
(3) Contents of Brief: The
Appellant's Brief shall
(a) State the facts
that establish appellant's standing;
(b) Present a clear and concise statement of
the case, in the following order, with separate section headings:
(A) The nature of the land use decision and
the relief sought by the appellant;
(B) A summary of the arguments appearing
under the assignments of error in the body of the brief;
(C) A summary of the material facts. The
summary shall be in narrative form with citations to the pages of the record
where the facts alleged can be found.
(c) State why the challenged decision is a
land use decision subject to the Commission's jurisdiction;
(d) Set forth each assignment of error under
a separate heading. Where several assignments of error present essentially the
same legal questions, the argument in support of those assignments of error
shall be combined;
(e) Contain a
copy of the challenged decision, including any adopted findings of fact and
conclusions of law;
(f) Contain a
copy of any management plan provisions, comprehensive plan provision, ordinance
or other provision of local law cited in the brief, unless the provision is
quoted verbatim in the brief.
(4) Copies of example Appellant's briefs are
available at the Commission office for parties to review for form.
Stat. Auth.: ORS
196.150
Stats. Implemented: ORS
196.150, RCW 43.97.015, 16
U.S.C. § 544 c(b) & 16 U.S.C. § 544
m(a)(2)