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BOISE CASCADE CORP. v. STATE, BOARD OF FORESTRY

(93-2018; CA A100855)

991 P.2d 563 (1999)

164 Or. App. 114

BOISE CASCADE CORPORATION, a Delaware corporation, Respondent, v. STATE OF Oregon, By and Through the OREGON STATE BOARD OF FORESTRY, Appellant.

Court of Appeals of Oregon.

Decided November 10, 1999.

Attorney(s) appearing for the Case

John T. Bagg, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Phillip D. Chadsey, Boise, ID, argued the cause for respondent. With him on the brief were Charles F. Adams and Stoel Rives LLP.

Daniel Kearns, Portland, Reeve Kearns PC, and John D. Echeverria, San Francisco, CA, filed a brief amicus curiae for Audubon Society of Portland.

Brent D. Boger, Robin L. Rivett, and Eric Grant, Sacramento, CA, filed a brief amicus curiae for Pacific Legal Foundation, Oregon Farm Bureau, and California Farm Bureau Federation.

Before De MUNIZ, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

De MUNIZ, P.J.

The state appeals from a jury verdict in favor of plaintiff Boise Cascade (Boise) on its claim for a temporary taking of a stand of timber in which a pair of northern spotted owls were nesting. For the following reasons, we reverse and remand.

In 1988, Boise acquired 1,770 acres of commercial timberlands in Clatsop County and conducted some logging activities on its property. Also in 1988, the Oregon Department of Fish and Wildlife designated...

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