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COAST RANGE CONIFERS, LLC v. STATE

011423; A117769.

76 P.3d 1148 (2003)

189 Or. App. 531

COAST RANGE CONIFERS, LLC, an Oregon Limited Liability Company, Appellant, v. STATE of Oregon, by and through the Oregon State Board of Forestry, Respondent.

Court of Appeals of Oregon.

Decided September 24, 2003.

Attorney(s) appearing for the Case

Phillip D. Chadsey argued the cause for appellant. With him on the opening brief were James N. Westwood, Portland, Scott E. Crawford, and Stoel Rives LLP. With him on the reply brief was Charles F. Adams.

David F. Coursen, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Bart A. Brush, Portland, filed the brief amicus curiae for Audubon Society of Portland, Institute for Fisheries Resources, Oregon Trout, Inc., and Pacific Coast Federation of Fisherman's Associations.

Before LANDAU, Presiding Judge, and ARMSTRONG and WOLLHEIM, Judges.

LANDAU, P.J.

In this inverse condemnation action, plaintiff Coast Range Conifers, LLC (CRC), contends that the state has taken its property without compensation by refusing to permit CRC to log timberland identified as a nesting site for bald eagles. CRC's complaint alleges regulatory takings claims based on both the state and the federal constitutions. The parties filed cross-motions for summary judgment. The trial court denied CRC's motion, granted the state's motion...

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