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CITIZENS RESP. DEV. IN DALLES v. WAL-MART

A158346.

433 P.3d 364 (2018)

295 Or.App. 310

CITIZENS FOR RESPONSIBLE DEVELOPMENT IN THE DALLES, Petitioner, v. WAL-MART STORES, INC.; and Department of State Lands, Respondents.

Court of Appeals of Oregon.

December 12, 2018.

Attorney(s) appearing for the Case

Karl G. Anuta , Portland, argued the cause for petitioners. Also on the briefs were Law Office of Karl G. Anuta, P.C.; Cary L. Allen and Law Office of Cary Allen, LLC.

Carson L. Whitehead , Assistant Attorney General, argued the cause for respondent Department of State Lands. Also on the brief were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

Gregory S. Hathaway and Hathaway Koback Connors LLP filed the brief for respondent Wal-Mart Stores, Inc.

Before Armstrong, Presiding Judge, and Egan, Chief Judge, and Shorr, Judge.

Wal-Mart Stores, Inc. (Walmart), sought to open a store in The Dalles on a site next to Chenoweth Creek, near the Columbia River. The site has wetlands dispersed across it. As relevant here, to facilitate the construction of a store, Walmart sought a joint permit from the Oregon Department of State Lands (DSL) and the U. S. Army...

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