D.S. PARKLANE DEVELOPMENT, INC. v. METRO

(LUBA Nos. 97-048, 97-050, 97-052, 97-053, 97-054, 97-055, 97-057, 97-063; CA A105688)

994 P.2d 1205 (2000)

165 Or. App. 1

D.S. PARKLANE DEVELOPMENT, INC., The Halton Company, Edward H. Halton, Jr., Department of Agriculture, Department of Transportation, Department of Land Conservation and Development, City of Hillsboro, Elizabeth Graser-Lindsey, Coalition for a Livable Future, Ecumenical Ministries of Oregon, 1000 Friends of Oregon, and Malinowski Farms, Petitioners—Respondents—Cross-Respondents, and City of Lake Oswego and City of West Linn, Respondents—Cross-Petitioners, and Washington County Farm Bureau, Oregon Farm Bureau Federation, and John R. Skourtes, et al., Respondents—Cross-Respondents, v. METRO, Genstar Land Company NW, Sisters of St. Mary's of Oregon, and Jim Standring, Petitioners—Cross-Respondents, and Joseph E. Hanauer, Respondent—Cross-Petitioner, and Heritage Homes Investment Co. Corp., Metropolitan Land Company, and Jerry Parmenter, Respondents—Cross-Respondents.

Court of Appeals of Oregon.

Decided January 12, 2000.


Attorney(s) appearing for the Case

Timothy R. Volpert, Portland, argued the cause for petitioner—respondent—cross-respondent D.S. Parklane Development, Inc. With him on the briefs were Gregory S. Hathaway, E. Michael Conners, and Davis Wright Tremaine.

David B. Smith, Tigard, argued the cause and filed the briefs for petitioners-respondents-cross-respondents The Halton Company and Edward H. Halton, Jr.

Celeste J. Doyle, Special Assistant Attorney General, argued the cause for petitioners-respondents-cross-respondents Department of Agriculture, Department of Transportation, and Department of Land Conservation and Development. With her on the briefs were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, John T. Bagg, Assistant Attorney General, and Richard M. Whitman, Assistant Attorney General.

Corinne C. Sherton, Eugene, argued the cause for petitioner-respondent-cross-respondent City of Hillsboro. With her on the briefs was Johnson & Sherton, P.C.

Petitioner-respondent-cross-respondent Elizabeth A. Graser-Lindsey, Ph.D., filed the briefs pro se.

Mary Kyle McCurdy, Portland, argued the cause and filed the briefs for petitioners-respondents-cross-respondents Coalition for a Livable Future, Ecumenical Ministries of Oregon, 1000 Friends of Oregon, and Malinowski Farms.

Jeffrey G. Condit, Lake Oswego, argued the cause for respondents-cross-petitioners City of Lake Oswego and City of West Linn. With him on the brief was Miller, Nash, Wiener, Hager & Carlsen LLP.

Steven M. Claussen, Portland, and Williams, Fredrickson & Littlefield, P.C., filed the brief for respondents-cross-respondents Washington County Farm Bureau and Oregon Farm Bureau Federation.

Richard T. Perry, Beaverton, filed the brief for respondent-cross-respondent John R. Skourtes, et al.

Lawrence S. Shaw, Portland, argued the cause for petitioner-cross-respondent Metro. With him on the briefs were Daniel B. Cooper and Kenneth D. Helm.

Jeff H. Bachrach, Portland, argued the cause for petitioners-cross-respondents Genstar Land Company NW and Sisters of St. Mary's of Oregon. With him on the briefs was Ramis Crew Corrigan & Bachrach LLP.

Mark J. Greenfield argued the cause and filed the briefs for petitioner-cross-respondent Jim Standring.

Jason D. Miner, Jack L. Orchard, and Ball Janik LLP, Portland, filed the brief for respondent-cross-petitioner Joseph E. Hanauer.

No appearance for respondents-cross-respondents Heritage Homes Investment Co.

Corp., Metropolitan Land Company, and Jerry Parmenter.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.


DEITS, C.J.

Petitioners and cross-petitioners seek review of LUBA's decision remanding Metro's designation of urban reserve areas for the Portland metropolitan region. We modify the decision and affirm it as modified.

The designation of urban reserve areas is governed by the Land Conservation and Development Commission's (LCDC) urban reserve rule, codified at OAR 660-021-0000 et seq. (the rule). The general objective of the rule is to provide for the...

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