At what point does a local government lose its ability to withdraw a decision that has been appealed to the Land Use Board of Appeals (“LUBA”)? It has long been clear that under ORS 197.830(13)(b) a local government can, as of right, obtain from LUBA a voluntary remand of a decision after a notice of intent to appeal has been filed, but before the date set for filing the record. But what about after that date? Historically, LUBA has granted local government requests for a voluntary remand even after a petition for review has been filed, as long as the local government agrees to address in the remand proceedings all the issues that were raised in the petition for review. In effect, a local government has a unilateral right to a voluntary remand before the date set for filing the record, but after that date LUBA has the discretion to grant it, which it has usually done with the noted condition. In Dexter Lost Valley Community Ass’n v. Lane County, (filed Mar. 20, 2013), the court of appeals reviewed the legislative history leading to the adoption of ORS 197.830(13)(b) and determined that the purpose of that provision was to prevent a local government from waiting until a petitioner had expended substantial attorney fees on its brief before deciding whether or not to prepare its own brief. Although the court noted that but for the legislative history the arguments of the petitioner and respondent in this case were both plausible, the respondent and LUBA’s view that a voluntary remand after the date set for the filing of the record remains discretionary could not be squared with the legislative history.