OAR 661-010-0068: Stays

(1) A motion for a stay of a land use decision or limited land use decision shall include: (a) A statement setting forth movant’s right to standing to appeal the decision; (b) A statement explaining why the challenged decision is subject to the Board’s jurisdiction; (c) A statement of facts and reasons for issuing a stay, demonstrating a colorable claim of error in the decision and specifying how the movant will suffer irreparable injury if a stay is not granted; (d) A suggested expedited briefing schedule; (e) A copy of the decision under review and copies of all ordinances, resolutions, plans or other documents necessary to show the standards applicable to the decision under review. (2) A copy of a motion for stay shall be served on the governing body and the applicant for the land use decision or limited land use decision, if any, on the same day the motion is filed with the Board. (3) Unless otherwise ordered by the Board, a response to a motion for a stay of a land use decision or limited land use decision shall be filed within 14 days after the date of service of the motion and shall set forth all matters in opposition to the motion and any facts showing any adverse effect, including an estimate of any monetary damages that will accrue if a stay is granted. (4) An order granting a stay of a quasi-judicial land use decision or limited land use decision involving a specific development of land shall be conditional upon filing an undertaking or a cashier’s check or bank-certified check in the principal amount of $5,000. In all other cases an undertaking, if ordered by the Board, shall be in the amount set forth in the order granting the stay. All undertakings shall be substantially in the form as set forth in Exhibit 4, and shall be accompanied by proof that the surety is qualified by law to issue surety insurance as defined in ORS 731.186. Any objections to the form of undertaking or the surety shall be filed within 14 days after the date of service of a copy of the undertaking on the objecting party. (5) The Board shall base its decision on the stay, including the right to a stay, amount of undertaking, or conditions of any stay order, upon evidence presented. Evidence may be attached to the motion in the form of affidavits, documents or other materials, or presented by means of a motion to take evidence outside the record. See OAR 661-010-0045. [ED. NOTE: Exhibits referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]