Miller v. Columbia River Gorge Commission

Petitioners seek review of the Columbia River Gorge Commission’s denial of their application to divide a parcel of property and to construct a residence on the newly created portion. See 16 USC § 544 et seq; ORS ch 196. We affirm.

In their first assignment, petitioners challenge the Commission’s decision on its merits. There was substantial evidence to support the Commission’s decision and it properly applied the law. In their second assignment, petitioners contend that the denial amounted to the taking of a scenic easement in their property and, therefore, constituted a taking without just…