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COSTCO WHOLESALE CORP. v. CITY OF BEAVERTON

LUBA Nos. 2005-044, 2005-046, 2005-050, 2005-053; CA A130488; SC S53777.

161 P.3d 926 (2007)

343 Or. 18

COSTCO WHOLESALE CORPORATION, Petitioner, and Henry Kane, Intervenor-Petitioner, v. CITY OF BEAVERTON, Respondent. Wells Real Estate Funds, Inc., Respondent on Review, v. City of Beaverton, Petitioner on Review. Bold, LLC, Petitioner, and Henry Kane, Intervenor-Petitioner, v. City of Beaverton, Respondent. C.E. John Company, Inc., Petitioner, and Henry Kane, Intervenor-Petitioner, v. City of Beaverton, Respondent.

Supreme Court of Oregon, En Banc.

Decided June 7, 2007.

Attorney(s) appearing for the Case

On review from the Court of Appeals.*

Alan Andrew Rappleyea, of Beaverton City Attorney's Office, Beaverton, argued the cause and filed the brief for petitioner on review. With him on the brief was William J. Scheiderich.

Jack L. Orchard, of Ball Janik LLP, Portland, argued the cause and filed the response and brief for respondent on review. With him on the response and brief was Dana L. Krawczuk.

Thomas Sponsler, of Beery, Elsner & Hammond LLP, Portland, filed the brief for amicus curiae League of Oregon Cities.

WALTERS, J.

Under state statute, a city may annex property that is contiguous to the city by obtaining either the consent or majority vote of the owners of the property to be annexed. A city may annex property without such approval if the city boundaries "surround" the property to be annexed, a form of annexation referred to as an island annexation. In this case we decide whether a city may annex only part of an island that it surrounds without the consent or majority...

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