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SKY LAKES MEDICAL v. DEPT. OF HUMAN SERVS.

A171215.

484 P.3d 1107 (2021)

310 Or. App. 138

SKY LAKES MEDICAL CENTER, INC., Plaintiff-Appellant, v. OREGON DEPARTMENT OF HUMAN SERVICES, an Oregon administrative agency; and Oregon Department of Administrative Services, an Oregon administrative agency, Defendants-Respondents.

Court of Appeals of Oregon.

March 17, 2021.

Attorney(s) appearing for the Case

Christopher Swift argued the cause for appellant. Also on the briefs were John A. DiLorenzo, Jr., Evan R. Christopher, Portland, and Davis Wright Tremaine LLP.

Denise Fjordbeck, Attorney-in-Charge, Civil/Administrative Appeals, argued the cause and filed the brief for respondents. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Armstrong, Presiding Judge, and Aoyagi, Judge, and Sercombe, Senior Judge.

This case concerns whether the Department of Administrative Services (DAS) properly determined that the uses allowed in a build-to-suit lease are compatible with local land use laws. The determination was required by ORS 197.180, which sets out state agency land use planning responsibilities, and DAS's rule that implements that statute...

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