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CIECKO v. DLCD

A156130.

415 P.3d 1122 (2018)

290 Or.App. 655

Charles CIECKO and David Yamamoto, Petitioners, v. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Respondent.

Court of Appeals of Oregon.

March 7, 2018.

Attorney(s) appearing for the Case

David N. Allen argued the cause and filed the briefs for petitioners.

Cecil A. Reniche-Smith argued the cause for respondent. On the brief was Ellen F. Rosenblum , Attorney General, Paul L. Smith , Deputy Solicitor General, and Judy C. Lucas , Assistant Attorney General.

Wayne Belmont filed the brief amicus curiae for Lincoln County, Curry County, Coos County, Douglas County, Tillamook County, and Clatsop County.

Lisa Rackner and McDowell Rackner & Gibson PC, Kent Bressie , Stephen W. Miller , Danielle Pineres and Harris, Wiltshire & Grannis LLP filed the brief amicus curiae for GCI Communication Corp., North American Submarine Cable Association, and Oregon Fishermen's Cable Committee Inc.

William L. Rasmussen filed the brief amicus curiae for Oregon Wave Energy Trust.

Before Garrett, Presiding Judge, and Hadlock, Judge, and James, Judge.

Petitioners bring a direct challenge to the validity of a rule adopted by the Department of Land Conservation and Development (DLCD), OAR 660-036-0005, which amends Part Five of the 1994 Territorial Sea Plan (TSP) after recommendations by the Ocean Policy Advisory Council (OPAC). Petitioners...

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