Norden v. STATE, WATER RESOURCES DEPT.

The issue in this case is the scope of the record on judicial review of an order in other than a contested case under Oregon’s Administrative Procedures Act (APA), ORS 183.310 to ORS 183.550. On judicial review under ORS 183.484, the circuit court took evidence both of what the agency knew at the time when it issued its order as well as evidence that the agency and petitioner had obtained after the agency issued its order. The court then made findings on that record and entered judgment in favor of petitioner. On appeal, the Court of Appeals held that the scope of the record that the circuit…