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MCNICHOLS v. DEPT. OF FISH AND WILDLIFE

A172135.

482 P.3d 208 (2021)

308 Or. App. 369

Michael MCNICHOLS, an individual, Petitioner-Appellant, v. DEPARTMENT OF FISH AND WILDLIFE, an agency of the State of Oregon, Respondent-Respondent, and Curt Melcher, in his capacity as the Director of that same agency, Respondent below, and Canby Development, LLC, Intervenor-Respondent.

Court of Appeals of Oregon.

January 6, 2021.

Attorney(s) appearing for the Case

Michael McNichols argued the cause and filed the briefs pro se.

Philip Thoennes , Assistant Attorney General, argued the cause for respondent Department of Fish and Wildlife. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

David A. Anderson , Jessica A. Schuh , and Schwabe, Williamson & Wyatt, PC, filed the brief for respondent Canby Development, LLC.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

This is an appeal in a combined proceeding under the Oregon Administrative Procedures Act (APA), ORS 183.310 to 183.745, and the Uniform Declaratory Judgments Act, ORS 28.010 to 28.160. In it, plaintiff/petitioner1 McNichols seeks to challenge a settlement agreement between the Oregon Department of Fish...

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