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LANDWATCH LANE COUNTY v. LANE COUNTY

A184932.

560 P.3d 104 (2024)

335 Or. App. 543

LANDWATCH LANE COUNTY, Petitioner, v. LANE COUNTY and Kim O'Dea, Respondents.

Court of Appeals of Oregon.

October 23, 2024.

Attorney(s) appearing for the Case

Sean Malone, Eugene, argued the cause and filed the brief for petitioner.

Gregory S. Hathaway, Portland, argued the cause for respondent Kim O'Dea. Also on the brief was Hathaway Larson LLP.

No appearance by respondent Lane County.

Before Mooney, Presiding Judge, Lagesen, Chief Judge, and Hellman, Judge.

This case requires us to address a fundamental question about our role as a court. When the legislature writes law and its text makes no sense, are we to give that text the meaning that we think the legislature most likely intended, or are we to declare it ineffectual? Consistent with ORS 174.010 and the unintelligibility canon, we...

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