(2) A person is adversely affected under subsection (1) of this section if the person:
(a) Is an owner of the property that is the subject of the final determination; or
(b) Is a person who timely submitted written evidence, arguments or comments to a public entity concerning the determination.
(3) Notwithstanding subsection (1) of this section, judicial review of a final determination under ORS 195.305 or 195.310 to 195.314 or sections 5 to 11, chapter 424, Oregon Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections 2 to 7, chapter 8, Oregon Laws 2010, is:
(a) Limited to the evidence in the record of the public entity at the time of its final determination.
(b) Available only for issues that are raised before the public entity with sufficient specificity to afford the public entity an opportunity to respond. [2007 c.424 §16]
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