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CITY OF WEST LINN v. LCDC

1-2003; A120189 (Control), A120957, A120979.

113 P.3d 935 (2005)

200 Or. App. 269

CITY OF WEST LINN, Petitioner, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Respondent, and Metro, Intervenor-Respondent. City of Portland, Petitioner, v. Land Conservation and Development Commission, Respondent, and Metro and Washington County, Intervenors-Respondents. 1000 Friends of Oregon, Petitioner, v. Land Conservation and Development Commission, Respondent, and Metro, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided June 15, 2005.

Attorney(s) appearing for the Case

Peggy Hennessy, Portland, argued the cause for petitioner City of West Linn. With her on the briefs was Reeves, Kahn & Hennessy.

Frank Hudson, Deputy City Attorney, argued the cause and filed the briefs for petitioner City of Portland.

Mary Kyle McCurdy, Portland, argued the cause and filed the briefs for petitioner 1000 Friends of Oregon.

Steven Shipsey argued the cause for respondent Land Conservation and Development Commission. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General.

Richard P. Benner argued the cause and filed the brief for intervenor-respondent Metro.

Danny R. Olsen, County Counsel, filed the brief for intervenor-respondent Washington County.

Before HASELTON, Presiding Judge, and LINDER, Judge, and DEITS, Judge pro tempore.

DEITS, J., pro tempore.

Petitioners, the City of West Linn, the City of Portland, and 1000 Friends of Oregon, seek judicial review of rules promulgated by the Land Conservation and Development Commission (LCDC). Those rules allow Metro to define "subregions" within its regional urban growth boundary (UGB), allocate a regional need for land to those subregions, and amend its regional UGB if lands within or near a subregion are inadequate to accommodate the subregion...

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