LAKE OSWEGO PRESERVATION SOCIETY, Marylou Colver, and Erin O'Rurke-Meadors, Petitioners on Review,
v.
CITY OF LAKE OSWEGO, Respondent on Review, and
Marjorie HANSON, trustee for the Mary Cadwell Wilmot Trust. Respondent on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and submitted November 10, 2015.
August 4, 2016.
Attorney(s) appearing for the Case
Daniel Kearns , Reeve Kearns PC, Portland, argued the cause and filed the briefs for the petitioners on review.
Christopher P. Koback , Hathaway Koback Connors LLP, Portland, argued the cause and filed the brief for the respondent on review, Marjorie Hanson.
No appearance on behalf of respondent on review City of Lake Oswego.
Carrie A. Richter , Garvey Schubert Barer , Portland, filed the brief for amici curiae Restore Oregon and Architectural Heritage Center, The National Trust for Historic Preservation, Preservation Action, Preservation Works, The City of Portland, The City of Pendleton, and The City of the Dalles. With her on the brief was Jennifer Bragar , Portland; Kathryn Beaumont , Portland Office of City Attorney, Portland for City of Portland; Gene E. Parker , Attorney for the City of The Dalles, The Dalles; and Nancy E. Kerns , Attorney for the City of Pendleton, Pendleton.
Inge D. Wells , Assistant Attorney General, Salem, filed the brief for amici curiae State Historic Preservation Office and Department of Land Conservation and Development. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.
Before Balmer, Chief Justice, Kistler, Walters, Landau, Baldwin, and Brewer, Justices.
BALMER, C.J.
This case concerns the interpretation of Oregon's historic property designation consent statute, ORS 197.772. That statute provides that the owners of properties slated for local historic designation have the right to refuse to consent to that designation. It also requires a local government to "allow a property owner to remove from...
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