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THOMAS v. DEPT. OF LAND CONSERVATION

1000245CC, 1000209CC; A148299 (Control) and A148301.

296 P.3d 561 (2013)

254 Or. App. 621

Kenneth A. THOMAS, Petitioner-Appellant, v. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT and Land Conservation Development Commission, Respondents-Respondents.

Court of Appeals of Oregon.

Decided January 16, 2013.

Attorney(s) appearing for the Case

Michael J. Lilly , Portland, argued the cause and filed the briefs for appellant.

Denise G. Fjordbeck , Attorney in Charge, Civil Appeals, argued the cause for respondents. On the brief were John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Stephanie L. Striffler , Senior Assistant Attorney General.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.

BREWER, J. pro tempore.

These consolidated appeals arise from circuit court judgments affirming two orders in other than contested cases that were issued by the Department of Land Conservation and Development (DLCD) pursuant to ORS 195.305 to 195.318 (Measure 49). We affirm.

We begin by describing the legal framework that provides the necessary context for understanding DLCD's orders and the parties' contentions in these cases. In 2004, Ballot Measure 37 was...

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