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COLUMBIA GORGE COM'N v. HOOD RIVER COUNTY

050051CC; A129652.

152 P.3d 997 (2007)

210 Or. App. 689

COLUMBIA RIVER GORGE COMMISSION, Plaintiff-Respondent, and State of Oregon and Friends of the Columbia Gorge, Intervenors-Respondents, HOOD RIVER COUNTY, Multnomah County and Wasco County, Defendants, and Stephen L. Struck and Paul D. Mansur, Defendants-Appellants.

Court of Appeals of Oregon.

Decided February 7, 2007.

Attorney(s) appearing for the Case

Ross Day, Portland, argued the cause for appellants. With him on the briefs was Oregonians in Action Legal Center.

Jeffrey B. Litwak argued the cause and filed the brief for respondent Columbia River Gorge Commission.

Denise G. Fjordbeck, Senior Assistant Attorney General, argued the cause for intervenor-respondent State of Oregon. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Nathan J. Baker argued the cause for intervenor-respondent Friends of the Columbia Gorge. With him on the brief were Friends of the Columbia Gorge, Inc., and Gary K. Kahn and Reeves, Kahn & Hennessy.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

2004 Ballot Measure 37, now codified at ORS 197.352, includes an exception for land use regulations "[t]o the extent the land use regulation is required to comply with federal law." ORS 197.352(3)(C). The question presented in this appeal is whether certain county land use ordinances that restrict development of properties within the Columbia River Gorge National Scenic Area fall within that exception. The trial court answered that question affirmatively...

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