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DLCD v. CLACKAMAS COUNTY

A184663 (Control) A184684.

558 P.3d 64 (2024)

335 Or. App. 205

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Respondent, v. CLACKAMAS COUNTY and Jessey Cereghino, Petitioners.

Court of Appeals of Oregon.

September 25, 2024.

Attorney(s) appearing for the Case

Garrett H. Stephenson, Portland, argued the cause for petitioner Jessey Cereghino. Also on the brief were Schwabe Williamson & Wyatt P. C.

Jane E. Vetto and Caleb Huegel filed the brief for petitioner Clackamas County.

Robert M. Wilsey, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Carrie A. Richter, William K. Kabeiseman, and Bateman Seidel P.C. filed the brief amicus curiae for City of Oregon City.

Before Tookey, Presiding Judge, Egan, Judge, and Kamins, Judge.

These two petitions for judicial review of an order of the Land Use Board of Appeals (LUBA) (A184684 and A184663), consolidated for resolution by this opinion, concern the construction of OAR 660-004-0040, an administrative rule of the Land Conservation and Development Commission (LCDC). The Clackamas County Board of Commissioners...

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