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BIRMINGHAM v. DEPARTMENT OF FORESTRY

103642; A126396.

149 P.3d 600 (2006)

209 Or. App. 736

In the Matter of G & N Land Exchange. Pamela BIRMINGHAM, Jeffrey Birmingham, Carolyn Eady, Bhagwati P. Poddar, Petitioners, v. DEPARTMENT OF FORESTRY, Kent Grewe, Martin Nygaard, and Marcia K. Denison, Respondents.

Court of Appeals of Oregon.

Decided December 13, 2006.

Attorney(s) appearing for the Case

James D. Brown and Cascade Resources Advocacy Group filed the opening brief for petitioners Pamela Birmingham, Jeffrey Birmingham, Carolyn Eady, and Bhagwati P. Poddar. On the reply brief was Ralph O. Bloemers.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, filed the brief for respondents Department of Forestry, Kent Grewe, and Martin Nygaard.

Marcia K. Denison filed the briefs pro se.

Before LINDER, Presiding Judge, and WOLLHEIM, Judge, and RICHARDSON, Senior Judge.

RICHARDSON, S.J.

Petitioners seek review of the amended final order of the Board of Forestry (board) approving a land exchange between the Oregon Department of Forestry (ODF) and private landowners Kent Grewe and Martin Nygaard (G & N). Petitioners argue that the board's order failed to comply with administrative rules governing land exchanges and failed to explain why ODF undertook actions that were inconsistent with ODF's prior practice.1<...

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