J. ARLIE BRYANT v. COLUMBIA RIVER GORGE

CA A75952.

889 P.2d 383 (1995)

132 Or.App. 565

J. ARLIE BRYANT, INC., Petitioner, v. COLUMBIA RIVER GORGE COMMISSION, Respondent, and Friends of the Columbia Gorge, Intervenor.

Court of Appeals of Oregon.

Decided February 1, 1995.

Review Denied April 18, 1995.


Attorney(s) appearing for the Case

Michael E. Haglund, Portland, argued the cause for petitioner. With him on the briefs were Rick T. Haselton and Haglund & Kirtley.

Lawrence Watters, Portland, argued the cause for respondent. With him on the brief were Michael Reynolds and John T. Bagg, Asst. Attys. Gen. Gary Kahn and Reeves, Kahn & Eder, Portland, were on the brief for intervenor.

Before DEITS, P.J., and RIGGS and LEESON, JJ.


DEITS, Presiding Judge.

Petitioner seeks review of the Columbia River Gorge Commission's (commission) order directing a five-year phaseout of petitioner's quarry operation located in the Columbia River Gorge National Scenic Area. We affirm.

Petitioner's principal arguments are that the commission lacked statutory and regulatory authority to order a phaseout of an allegedly nonconforming use. Petitioner acknowledges that it did not raise those issues below...

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