CITY OF CORNELIUS v. DEPARTMENTT OF LAND

A180037 (Control) A180153.

546 P.3d 923 (2024)

331 Or. App. 349

CITY OF CORNELIUS, City of Forest Grove, City of Grants Pass, City of Happy Valley, City of Hillsboro, City of Keizer, City of Medford, City of Oregon City, City of Sherwood, City of Springfield, City of Troutdale, City of Tualatin, City of Wood Village, Marion County, Oregon Home Builders Association, Oregon Business & Industry Association, Oregon Realtors, and Oregon Trucking Associations, Inc., Petitioners, v. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT and the Land Conservation and Development Commission, Respondents.

Court of Appeals of Oregon.

March 6, 2024.


Attorney(s) appearing for the Case

David O. Bechtold argued the cause for petitioners City of Cornelius, City of Forest Grove, City of Grants Pass, City of Happy Valley, City of Hillsboro, City of Keizer, City of Medford, City of Oregon City, City of Sherwood, City of Springfield, City of Troutdale, City of Tualatin, City of Wood Village, and Marion County. Also on the briefs were Greg A. Hibbard and Northwest Resource Law PLLC.

J. Aaron Landau , Eugene, argued the cause for petitioners Oregon Home Builders Association, Oregon Business & Industry Association, Oregon Realtors, and Oregon Trucking Associations, Inc. Also on the briefs were Julian Marrs and Harrang Long P.C.

Robert M. Wilsey , Assistant Attorney General, argued the cause for respondents. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Stephen L. Madkour and Thomas A. Carr filed the brief amici curiae for Clackamas County and Washington County.

Steven G. Liday, Portland, filed the brief amicus curiae for the League of Oregon Cities. Also on the brief were William L. Rasmussen and Miller Nash LLP.

Before Ortega, Presiding Judge, and Powers, Judge, and Hellman, Judge.


This consolidated proceeding involves rule challenges under ORS 183.400 asserted by two sets of petitioners—13 Oregon cities and Marion County (city petitioners), and Oregon Home Builders Association, Oregon Business & Industry Association, Oregon Realtors, and Oregon Trucking Associations, Inc. (industry petitioners) (collectively...

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