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BARKERS FIVE v. LCDC

12ACK001819; A152351.

323 P.3d 368 (2014)

261 Or. App. 259

BARKERS FIVE, LLC; Sandy Baker; City of Tualatin; City of West Linn; Carol Chesarek; Cherry Amabisca; Save Helvetia; Robert Bailey; 1000 Friends of Oregon; Dave Vanasche; Bob Vanderzanden; Larry Duyck; Springville Investors, LLC; Katherine Blumenkron; David Blumenkron; Metropolitan Land Group; Chris Maletis; Tom Maletis; Exit 282A Development Company, LLC; LFGC, LLC; Elizabeth Graser-Lindsey; and Susan McKenna, Petitioners, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Metro, Washington County, Clackamas County, Multnomah County, State of Oregon, and City of Hillsboro, Respondents.

Court of Appeals of Oregon.

Decided February 20, 2014.

Attorney(s) appearing for the Case

Wendie L. Kellington argued the cause for petitioners Barkers Five, LLC, and Sandy Baker. With her on the brief were Wendie L. Kellington , P.C., and Kristian Roggendorf , Matthew D. Lowe , and O'Donnell Clark & Crew LLP.

Jeffrey G. Condit argued the cause for petitioners City of Tualatin and City of West Linn. With him on the brief was Miller Nash LLP.

Michael F. Sheehan argued the cause and filed the brief for petitioners Carol Chesarek and Cherry Amabisca.

Carrie A. Richter argued the cause for petitioners Save Helvetia and Robert Bailey. With her on the brief were Edward J. Sullivan and Garvey Schubert Barer.

Mary Kyle McCurdy argued the cause and filed the brief for petitioners 1000 Friends of Oregon, Dave Vanasche , Bob VanderZanden , and Larry Duyck.

Christopher James argued the cause for petitioners Springville Investors, LLC, Katherine Blumenkron, and David Blumenkron. With him on the brief were Cameron Soran and The James Law Group, LLC.

Steven L. Pfeiffer argued the cause for petitioner Metropolitan Land Group and petitioners Chris Maletis, Tom Maletis, Exit 282A Development Company, LLC, and LFGC, LLC. With him on the briefs were Seth J. King and Perkins Coie LLP.

Elizabeth Graser-Lindsey and Susan McKenna filed the brief pro se.

Patrick M. Ebbett , Assistant Attorney General, argued the cause for respondents Land Conservation and Development Commission and State of Oregon. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Roger A. Alfred argued the cause for respondent Metro. With him on the brief were Alison Kean Campbell and Office of Metro Attorney.

Alan A. Rappleyea , County Counsel, argued the cause for respondent Washington County. With him on the brief were Jacquilyn Saito-Moore , Assistant County Counsel, and Office of Washington County Counsel.

Rhett C. Tatum , Assistant County Counsel, argued the cause for respondent Clackamas County. With him on the brief was Stephen L. Madkour , County Counsel.

Jed Tomkins argued the cause for respondent Multnomah County. With him on the brief was Jenny M. Morf , County Attorney.

Christopher D. Crean argued the cause for respondent City of Hillsboro. With him on the brief were Pamela J. Beery , Chad Jacobs, and Beery, Elsner & Hammond, LLP.

Before HASELTON, Chief Judge, and SERCOMBE, Judge, and DEITS, Senior Judge.

HASELTON, C.J.

   I.  Introduction .................................................................374

  II.  Statutory and Regulatory Framework ...........................................375
      A.  Senate Bill 1011 (2007) ...................................................375
      B.  The Statutory Framework (ORS 195.137-195.145) .............................378
          1.  Process for Designation of Urban Reserves .............................378...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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