MARKS v. LAND CONSERVATION AND DEV. COM'N

A175549.

536 P.3d 995 (2023)

327 Or. App. 708

David MARKS, Petitioner, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, City of Lake Oswego, City of Tualatin, City of West Linn, Metro, and Clackamas County, Respondents.

Court of Appeals of Oregon.

September 7, 2023.


Attorney(s) appearing for the Case

E. Michael Connors , Portland, argued the cause for petitioner. Also on the briefs was Hathaway Larson LLP.

Robert M. Wilsey , 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.

Jeffrey G. Condit , Portland, argued the cause for respondents City of Lake Oswego, City of Tualatin, and City of West Linn. Also on the brief were Jason T. Loos and Evan P. Boone and Chad A. Jacobs .

Roger A. Alfred adopted the answering brief of respondents City of Lake Oswego, City of Tualatin, and City of West Linn in its entirety for respondent Metro.

Nathan K. Boderman and Stephen L. Madkour adopted the answering brief of respondents City of Lake Oswego, City of Tualatin, and City of West Linn in its entirety for respondent Clackamas County.

Before Shorr, Presiding Judge, and Mooney, Judge, and Pagan, Judge.


Petitioner, a private landowner, seeks judicial review of an order of the Land Conservation and Development Commission (LCDC) denying his petition for an enforcement order related to two intergovernmental agreements (IGAs) entered into by various public agencies, including the cities of West Linn, Lake Oswego, and Tualatin (together...

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