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BOISE CASCADE CORP. v. BOARD OF FORESTRY

93-2018; CA A79626.

886 P.2d 1033 (1994)

131 Or. App. 538

BOISE CASCADE CORPORATION, a Delaware corporation, Appellant, v. BOARD OF FORESTRY, Respondent.

Court of Appeals of Oregon.

Decided December 7, 1994.

Attorney(s) appearing for the Case

Phillip D. Chadsey, Portland, argued the cause for appellant. With him on the briefs was Stoel Rives Boley Jones & Grey.

Virginia L. Linder, Sol. Gen., argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen. and John T. Bagg, Asst. Atty. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Plaintiff appeals from the judgment for defendant Board of Forestry ("board") in this inverse condemnation action arising out of the board's refusal to permit logging operations on plaintiff's property in which a spotted owl nesting site is located. Plaintiff contends that the board's refusal gives rise to an uncompensated taking of its property in violation of the Fifth Amendment to the federal constitution and Article I, section 18, of the state...

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