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GUNDERSON, LLC v. CITY OF PORTLAND

(LUBA 2010039), (LUBA 2010040), (LUBA 2010041); (CA A147803; SC S059735).

290 P.3d 803 (2012)

352 Or. 648

GUNDERSON, LLC, Petitioner on Review, v. CITY OF PORTLAND, Respondent on Review, and Friends of Cathedral Park Neighborhood Association, et al., Respondents below. Working Waterfront Coalition, Petitioner on Review, v. City of Portland, Respondent on Review, and Friends of Cathedral Park Neighborhood Association, et al., Respondents below. Schnitzer Steel Industries, Inc., Petitioner on Review, v. City of Portland, Respondent on Review, and Friends of Cathedral Park Neighborhood Association, et al., Respondents below.

Supreme Court of Oregon, En Banc.

Decided November 8, 2012.

Attorney(s) appearing for the Case

Phillip E. Grillo, Davis Wright Tremaine LLP, Portland, argued the cause and filed the joint brief for petitioners on review. With him on the joint brief were Roger A. Alfred, Davis Wright Tremaine LLP, Portland, for petitioner on review Working Waterfront Coalition; Robyn Ridler Aoyagi, Tonkon Torp LLP, Portland, for petitioner on review Gunderson, LLC; and Steven L. Pfeiffer, Perkins Coie LLP, Portland, for petitioner on review Schnitzer Steel Industries, Inc.

Linly F. Rees, Deputy City Attorney, Portland, argued the cause and filed the brief for respondent on review. With her on the brief was Kathryn S. Beaumont, Chief Deputy City Attorney, City of Portland.

Maja K. Haium, Salem, filed the brief for amicus curiae League of Oregon Cities.

LANDAU, J.

At issue in this case is the lawfulness of a portion of the City of Portland's Willamette River Greenway Plan that regulates uses of industrial and other urban land along a portion of the Willamette River known as the "North Reach." Specifically, the issue is whether the City of Portland (city) has authority to regulate development within the North Reach. Petitioners, who represent various industrial interests within the affected area of the city's plan...

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