Thomas v. Department of Land Conservation

BREWER, J., pro tempore

These consolidated appeals arise from circuit court judgments affirming two orders in other than contested cases that were issued by the Department of Land Conservation and Development (DLCD) pursuant to ORS 195.305 to 195.318 (Measure 49). We affirm.

We begin by describing the legal framework that provides the necessary context for understanding DLCD’s orders and the parties’ contentions in these cases. In 2004, Ballot Measure 37 was enacted through the initiative process. As the Supreme Court explained in Friends of Yamhill County v. Board of Commissioners, 351 Or 219,…