(1) As used in ORAP 4.60 to 4.74:
(a) “Agency” means the Land Use of Board of Appeals (LUBA), the Land Conservation and Development Commission (LCDC), the Columbia River Gorge Commission (CRGC), or a referee appointed by a local government under ORS 197.375(2) to decide an appeal of an expedited land division matter under ORS 197.360 and ORS 197.365 or an appeal of an expedited industrial land use matter under ORS 197.722 to ORS 197.728, as appropriate.1
(b) “Land use case” means a final order of LUBA, an order of the LCDC concerning designation of urban reserves under ORS 195.145(1)(b) or rural reserves under ORS 195.141, final action or order of the CRGC that is subject to expedited judicial review as provided in ORS 196.115(2)(a), or decision of a referee under ORS 197.375(2), as appropriate.2
(2) Insofar as practicable, and except where some other procedure is provided by statute or these rules, the procedure for judicial review of a decision in a land case 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.
(3) The case caption of any petition, motion, brief, or other paper filed with the court shall include the words “EXPEDITED PROCEEDING UNDER ORS ” and identifying the statute authorizing the expedited judicial review.3
(4) In a LUBA or referee case, the petitioner shall establish in the petition for judicial review, by reference to the record of the local proceeding before LUBA or the referee or by petitioner’s affidavit accompanying the petition, that the petitioner has statutory standing to invoke the jurisdiction of the court.4
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1 ORS 197.726(2), as applicable, provides that an appeal of an application for an expedited industrial land use permit “may be made in the manner set forth in ORS 197.375.”
2 Judicial review of CRGC approval of county land use ordinances pursuant to section seven of the Columbia River Gorge National Scenic Area Act, PL 99-663, is not expedited. ORS 196.115(5).
3 E.g., ORS 197.850, ORS 197.855 (judicial review of LUBA decisions); ORS 197.651 (judicial review of LCDC orders concerning designation of urban reserves under ORS 195.145(1)(b) or rural reserves under ORS 195.141); ORS 196.115(2)-(4) (judicial review of certain CRGC final actions or orders); ORS 197.375(8) (judicial review of referee decisions concerning expedited land divisions); and ORS 197.726(3) (judicial review of referee decisions concerning expedited industrial land use permits).
4 See ORS 197.850. ORS 197.375(8) and ORS 197.726(3) provide that judicial review of referee decisions under those statutes may be taken “in the manner provided for review of final orders of the Land Use Board of Appeals under ORS 197.850 and 197.855.”
