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FRIENDS OF COLUM. GORGE v. COL. RIVER GORGE

(CA A125031; SC S055722).

213 P.3d 1164 (2009)

346 Or. 366

FRIENDS OF THE COLUMBIA GORGE, INC., Columbia Riverkeeper, Columbia Gorge Hotel Co., 1000 Friends of Oregon, Claudia Curran, Eric Lichtenthaler, Jack Mills, Kate Mills, Phil Pizanelli, Dixie Stevens, Brian Winter, and Cynthia Winter, Petitioners on Review, v. COLUMBIA RIVER GORGE COMMISSION, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided July 16, 2009.

Attorney(s) appearing for the Case

Gary K. Kahn, of Reeves, Kahn & Hennessy, Portland, argued the cause and filed the briefs for petitioners on review Friends of the Columbia Gorge, Columbia Riverkeeper, Columbia Gorge Hotel Co., Claudia Curran, Eric Lichtenthaler, Jack Mills, Kate Mills, Phil Pizanelli, Dixie Stevens, Brian Winter, and Cynthia Winter. With him on the briefs was Mary Kyle McCurdy, Portland, for petitioner on review 1000 Friends of Oregon.

Jeffrey B. Litwak, White Salmon, Washington, argued the cause and filed the brief for respondent on review.

James E. Mountain, Jr., of Harrang Long Gary Rudnick P. C., Portland, filed the brief for amicus curiae Pacific States Marine Fisheries Commission. With him on the brief was Jona J. Maukonen, Portland. Also on the brief was John Shurts, Portland, for amicus curiae NW Power and Conservation Council.

Erin C. Lagesen, Assistant Attorney General, Salem, filed the brief for amicus curiae State of Oregon. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

GILLETTE, J.

Petitioners, who are individuals, businesses and conservation organizations with connections to the Columbia River Gorge, sought judicial review by the Court of Appeals of the Columbia River Gorge Commission's (commission) 2004 revision of its management plan for the Columbia River Gorge National Scenic Area. Before that court, petitioners argued, in numerous assignments and subassignments of error, that various aspects of the 2004 revision violated the...

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