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SCHAEFER v. OREGON AVIATION BD.

A175219.

495 P.3d 1267 (2021)

312 Or. App. 316

Joseph SCHAEFER, City of Aurora, City of Wilsonville, 1000 Friends of Oregon, and Friends of French Prairie, Petitioners, and Clackamas County, Intervenor-Petitioner below, v. OREGON AVIATION BOARD; Oregon Department of Aviation; Aurora Airport Improvement Association; Bruce Bennett; Wilson Construction Company, Inc.; Ted Millar; TLM Holdings, LLC; Anthony Alan Helbling; and Wilsonville Chamber of Commerce, Respondents.

Court of Appeals of Oregon.

June 16, 2021.

Attorney(s) appearing for the Case

Joseph Schaefer filed the brief pro se.

Sara Kendrick filed the brief for petitioner City of Aurora.

Barbara A. Jacobson and J. Ryan Adams filed the brief for petitioner City of Wilsonville.

Andrew Mulkey filed the brief for petitioners 1000 Friends of Oregon and Friends of French Prairie.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jona J. Maukonen , Assistant Attorney General, filed the brief for respondents Oregon Aviation Board and Oregon Department of Aviation.

Eric S. Postma and Bittner & Hahs, PC; Wendie L. Kellington and Kellington Law Group, PC, filed the brief for respondents Aurora Airport Improvement Association, Bruce Bennett, Wilsonville Construction Company, Inc., Ted Millar, TLM Holdings, LLC, Anthony Alan Helbling, and Wilsonville Chamber of Commerce.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge.

In 2011, the Oregon Aviation Board (board) adopted a Master Plan for the Aurora State Airport. In 2019, the board belatedly adopted findings of land use compatibility to bring its adoption of the Master Plan into compliance with ORS 197.180 and an implementing rule, OAR 738-130-0055(6).1 The

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