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SEIBER v. OREGON BOARD OF FORESTRY

010333; A127237.

149 P.3d 1243 (2006)

210 Or. App. 215

Marsha SEIBER and Alvin Seiber, Appellants-Cross-Respondents, v. STATE of Oregon, by and through the BOARD OF FORESTRY, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Philip D. Chadsey argued the cause for appellants-cross-respondents. With him on the briefs were Charles F. Adams, Portland, and Stoel Rives LLP.

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for respondent-cross-appellant. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, and SCHUMAN and ROSENBLUM, Judges.

SCHUMAN, J.

In 1994, the Oregon Board of Forestry denied plaintiffs' application to harvest timber from 40 acres located within a 200-acre parcel that they owned. The denial resulted from application of a rule protecting spotted owl nesting sites. Plaintiffs brought claims against the state and the board, seeking compensation for a "taking" under Article I, section 18, of the Oregon Constitution,1 and the Fifth and Fourteenth Amendments...

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