BARKERS FIVE v. LAND CONSERVATION AND DEV.

A167937 (Control), A167956, A167957, A167991.

451 P.3d 627 (2019)

299 Or. App. 726

BARKERS FIVE, LLC and Sandy Baker, Petitioners, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Metro, Clackamas County, and Multnomah County, Respondents. Metropolitan Land Group, Petitioner, v. Land Conservation and Development Commission, Metro, Clackamas County, and Multnomah County, Respondents. Springville Investors, LLC, an Oregon limited liability company; Burnham Farms, LLC, an Oregon limited liability company; David Blumenkron, an individual; Katherine Blumenkron, an individual; and Robert Zahler, an individual, Petitioners, v. Land Conservation and Development Commission, Metro, Clackamas County, and Multnomah County, Respondents. Lanphere Construction and Development, LLC., Petitioner, v. Land Conservation and Development Commission, Metro, Clackamas County, and Multnomah County, Respondents.

Court of Appeals of Oregon.

October 9, 2019.


Attorney(s) appearing for the Case

Wendie L. Kellington , Lake Oswego, argued the cause for petitioners Barkers Five, LLC, and Sandy Baker. Also on the briefs were Kellington Law Group, P.C.; Matthew D. Lowe and Jordan Ramis PC.

Sara Kobak , Portland, argued the cause for petitioner Metropolitan Land Group. Also on the briefs were Michael C. Robinson and Schwabe, Williamson & Wyatt, P.C.

Christopher James , Portland, argued the cause for petitioners Springville Investors, LLC, Burnham Farms, LLC, David Blumenkron , Katherine Blumenkron , and Robert Zahler. Also on the briefs was The James Law Group, LLC.

Jeff Bachrach argued the cause and filed the briefs for petitioner Lanphere Construction and Development, LLC.

Patrick M. Ebbett , Assistant Attorney General, argued the cause for respondent Land Conservation and Development Commission. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Roger A. Alfred argued the cause and filed the brief for respondent Metro.

Nathan K. Boderman argued the cause for respondent Clackamas County. Also on the brief was Stephen L. Madkour .

Jed Tomkins argued the cause for respondent Multnomah County. Also on the brief was Jenny M. Madkour .

Before Hadlock, Presiding Judge, and Aoyagi, Judge, and Sercombe, Senior Judge.


For the next few decades, growth in the Portland metropolitan area will be guided by the designation of urban and rural reserves.1 Responding to a legislative charge to designate such reserves, Metro and Clackamas, Multnomah, and Washington counties jointly submitted...

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