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COUNTY OF LINN v. STATE

A173658.

510 P.3d 962 (2022)

319 Or. App. 288

COUNTY OF LINN, on behalf of itself and others similarly situated, Plaintiff-Respondent Cross-Appellant, v. STATE of Oregon and State Forestry Department, an Oregon administrative agency, Defendants-Appellants Cross-Respondents.

Court of Appeals of Oregon.

April 27, 2022.

Attorney(s) appearing for the Case

Benjamin Gutman , Solicitor General, argued the cause for appellants-cross-respondents. Also on the briefs were Ellen F. Rosenblum , Attorney General, Carson L. Whitehead , Assistant Attorney General, and Christopher A. Perdue , Assistant Attorney General.

John A. DiLorenzo, Jr. , Portland, argued the cause for respondent-cross-appellant. Also on the combined answering and cross-opening brief were John F. McGrory, Jr. , Gregory A. Chaimov , Aaron K. Stuckey , Kevin H. Kono , Christopher Swift , Alicia Leduc , Trinity Madrid , and David Wright Tremaine LLP. Also on the reply brief were John F. McGrory, Jr. , Gregory A. Chaimov , Carol J. Bernick , Aaron K. Stuckey , Kevin H. Kono , Chris Swift , Trinity Madrid , and Davis Wright Tremaine LLP.

Ralph O. Bloemers and Crag Law Center filed the brief amici curiae for Northwest Guides & Anglers, North Coast Communities for Watershed Protection, Oregon Wild, Native Fish Society, Wild Salmon Center, Cascadia Wildlands, Center for Biological Diversity, Umpqua Watersheds and Beyond Toxics.

Ryan P. Steen , Kirk B. Maag , Crystal S. Chase , and Stoel Rives LLP filed the brief amicus curiae for Oregon Forest & Industries Council.

Rob Bovett and Lauren Smith filed the brief amicus curiae for Council of Forest Trust Land Counties.

Before Tookey, Presiding Judge, and Aoyagi, Judge, and Kistler, Senior Judge.

In 2016, plaintiff Linn County brought this class action against defendants, the State of Oregon and the State Forestry Department, alleging a single claim of breach of contract and seeking over $1 billion in damages.

Linn County's complaint alleged that it and other Oregon counties had transferred forestlands to the state...

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