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THOMAS CREEK LUMBER AND LOG v. BOARD OF FORESTRY

G60275, G60283; A114870 (Control), A114871

69 P.3d 1238 (2003)

188 Or. App. 10

THOMAS CREEK LUMBER AND LOG CO., Petitioner, v. BOARD OF FORESTRY, Respondent. Nel-Log, Inc., Petitioner, v. Board of Forestry, Respondent.

Court of Appeals of Oregon.

Decided May 29, 2003.

Attorney(s) appearing for the Case

Gregory J. Miner, Portland, argued the cause for petitioners. With him on the briefs were William K. Kabeiseman and Preston Gates & Ellis LLP.

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

LANDAU, P.J.

Thomas Creek Lumber and Log Co. (Thomas Creek) and Nel-Log, Inc. (Nel-Log), petition for judicial review of two orders on reconsideration of the Board of Forestry (board). In the first order, the board (1) determined that Thomas Creek had violated ORS 527.670(6), requiring an operator, timber owner, or landowner to notify the State Forester1 before commencing any "operation," that is, any commercial activity relating to the...

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