COREY v. DLCD

(DLCD M119478; CA A129905; SC S054995).

184 P.3d 1109 (2008)

344 Or. 457

Virginia COREY, Bergis Road, LLC, and Bernita Johnston, Respondents on Review, v. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Petitioner on Review.

Supreme Court of Oregon.

Decided May 8, 2008.


Attorney(s) appearing for the Case

Denise G. Fjordbeck, Senior Assistant Attorney General, Salem, argued the cause and filed the petition and motion to vacate and remand for petitioner on review. With her on the motion were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Gregory A. Chaimov, of Davis Wright Termaine LLP, Portland, argued the cause and filed the reply to the motion for respondents on review. With him on the reply was Donald P. Roach, Portland.

Kristian Roggendorf, of O'Donnell Clark & Crew LLP, Portland, argued the cause and filed the response for amici curiae Gerald and Roberta Curry, husband and wife, George Raymond Smith, individually and as controlling member of The Raymond Smith, LLC, and as trustee for the Raymond Smith Survivor's Trust, Raymond Smith Qualified Marital Trust, and Raymond Smith Family Trust, and Shirlee Lenske, as controlling member of Lenske Properties, LLC. With her on the response were Stephen F. Crew, and D. Dan Chandler, Special Counsel for amici.

James Zupancic, Lake Oswego, filed a brief for amici curiae The Harold V. Olson and Sarajean Olson Revocable Living Trust, James and Virginia Carlson, and George and Earlene Hansen.

Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and LINDER, Justices.


GILLETTE, J.

This proceeding arises out of a land use case. In that case, the Department of Land Conservation and Development (DLCD) sought review of the Court of Appeals decision in Corey v. DLCD, 210 Or.App. 542, 152 P.3d 933, adh'd to, 212 Or.App. 536, 159 P.3d 327 (2007), a case decided under Ballot Measure...

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