FRANK v. DLCD

No. M129499; A134704.

176 P.3d 411 (2008)

217 Or. App. 498

Clara FRANK, individually and as Trustee of the Clara Frank Living Trust, Petitioner, v. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT and Department of Administrative Services, Respondents.

Court of Appeals of Oregon.

Decided January 23, 2008.


Attorney(s) appearing for the Case

Hunter B. Emerick, Shannon Raye Martinez, Salem, and Saalfeld Griggs PC filed the brief for petitioner.

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

Before EDMONDS, Presiding Judge, and WOLLHEIM and SERCOMBE, Judges.


SERCOMBE, J.

Petitioner seeks review of an order by state agencies that waived the application of certain state land use regulations to her property. Petitioner contends that the agencies erred in not permitting a broader waiver of state law. We dismiss the petition for review because a recently enacted state law creates new standards and requires a new process for petitioner to obtain the desired waiver. A determination...

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