CITY OF DAMASCUS v. BROWN

A156920 (Control); A156921; A156922; A156923; A156963; A156964; A156982; A156983; A156984; A157037; A157042; A157043; A157044; A157045; A157046; A157047; A157130; A157166; A157167; A157345; A157455; A157456; A157457.

337 P.3d 1019 (2014)

266 Or. App. 416

CITY OF DAMASCUS; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Henry R. BROWN, Jr.; and Valerie E. Brown, Respondents. City of Damascus and Gene Green, in his capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Jeffry Kent Olson and Ardith Elane Olson, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners Cross-Respondents, v. GDI New Horizons, LLC, an Oregon limited liability company, Respondent Cross-Respondent, and Patricia A. De Young, a citizen of the City of Damascus, Cross-Petitioner. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners Cross-Respondents, v. Lowell E. Patton; Oregon Lumber Export Company Pension Trust; and Deborah L. Francis, Respondents Cross-Respondents, and Patricia A. De Young, citizen of the City of Damascus, Cross-Petitioner. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Jerry G. Schofield and Kimberly J. Schofield, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Kayser Family, LLC, an Oregon limited liability company; and Cozzetto Family, LLC, an Oregon limited liability company, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Ioan Vacariu and Emilia Vacariu, Respondents. City Of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Marilyn J. Brundidge, Respondent. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Willy Kissinger and Hulta Kissinger, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Alfred G. Wetzel and Joyce D. Wetzel, Trustees of the Wetzel Family Trust, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Robert Shannon and Patricia Shannon, Trustee of the Family Trust of Robert E. Shannon and Patricia L. Shannon, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Michael S. Desousa, Respondent. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Vivian F. Meyer, Trustee of the Vivian Meyer Revocable Living Trust, Respondent. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Sharon E. Huffman, Respondent. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. George Quentin Hamilton and Vivian Kaye Hamilton, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Gerhard Schafer and Wanda Schafer, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Fred L. Siri and Rachel Siri, Trustees of the Fred L. Siri and Rachel Siri Revocable Living Trust U/D/T June 19, 2007, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Harold Johnson and Lisa Johnson, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Donald J. Hanna, Jr.; and Russme Properties, LLC, an Oregon limited liability company, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Ronald D. McMurry; and Adele Richey McMurry, trustees or the successors in Trust of the McMurry Living Trust dated August 10, 1998, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Theodore J. Holboke; and Jean A. Holboke, individually and as Trustees of the Holboke Family Living Trust dated August 6, 2010, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. Fred C. Anderegg; and Beulah Anderegg, individually and as Co-Trustees of the Anderegg Joint Living Trust, Respondents. City of Damascus; and Gene Green, in his official capacity as Pro Tem City Manager for the City of Damascus, Petitioners, v. George D. Vass; and Loretta A. Vass, Respondents.

Court of Appeals of Oregon.

Decided October 22, 2014.


Attorney(s) appearing for the Case

Timothy V. Ramis and Peter O. Watts , Lake Oswego, argued the cause for petitioners-cross-respondents. On the brief were Edward H. Trompke , Timothy V. Ramis , and Jordan Ramis PC.

Gregory A. Chaimov , Portland, argued the cause for respondents Henry R. Brown, Jr., and Valerie E. Brown. With him on the brief was Davis Wright Tremaine LLP.

Michael B. Merchant , Portland, argued the cause for respondent-cross-respondent GDI New Horizons, LLC. With him on the brief were Margaret E. Schroeder and Black Helterline LLP.

William C. Cox , Portland, argued the cause and filed the brief for respondents-cross-respondents Lowell E. Patton, Oregon Lumber Export Company Pension Trust, and Deborah L. Francis.

Denise G. Fjordbeck , Attorney-in-Charge, argued the cause for amicus curiae Department of Land Conservation and Development. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

J. Michael Harris and Reeves, Kahn , Hennessy & Elkins filed the brief for cross-petitioner.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


ARMSTRONG, P.J.

This case concerns the constitutionality of a bill passed by the 2014 Oregon Legislative Assembly, House Bill (HB) 4029, which permits landowners with property located on the boundary of the City of Damascus to withdraw that property from the jurisdiction of the city. Under the legislation, the city is required to approve all applications to withdraw property from the city, and, if the city refuses to issue the required approval, the withdrawal of...

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