Shelley WETHERELL, Janell Stradtner, and Friends of Douglas County, Respondents on Review,
v.
DOUGLAS COUNTY, Respondent on Review, and
Great American Properties Limited Partnership, Petitioner on Review.
Shelley Wetherell, Respondent on Review,
v.
Douglas County, Respondent on Review, and
Randy Walker and Dannette Walker, Petitioners on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted November 1, 2006.
Decided May 24, 2007.
Attorney(s) appearing for the Case
Stephen Mountainspring, of Dole, Coalwell, Clark, Mountainspring, Mornarich & Aitken, P.C., Roseburg, argued the cause and filed the briefs for petitioners on review Great American Properties and Randy and Dannette Walker.
Carrie A. Richter, of Garvey Schubert Barer, Portland, argued the cause for respondents on review Shelley Wetherell, Janell Stradtner, and Friends of Douglas County.
Denise G. Fjordbeck, Assistant Attorney General, argued the cause and filed the briefs for amicus curiae Land Conservation and Development Commission. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Andrea Bushnell, Salem, filed the briefs for amicus curiae Oregon Association of Realtors.
Respondent on review Douglas County did not appear.
Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, and KISTLER, Justices.
Supreme Court of Oregon.
BALMER, J.
These two separate land use disputes, which we consolidated for argument and decision, require us to decide the validity of an administrative rule that prohibits considering "profitability" and "gross farm income" in determining whether land is "agricultural land" that must be preserved under Goal 3 of Oregon's land use planning policy. Petitioners Great American Properties Limited Partnership (Great American)...
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