Clatsop County v. Land Conservation & Development Commission

Plaintiffs initiated this declaratory judgment proceeding seeking a declaration that the statewide land use planning program violates the state and federal constitutions. Plaintiff’s complaint alleges that both the state statutes creating that program, ORS ch 197, and the statewide planning goals adopted by the Land Conservation and Development Commission pursuant to those statutes are unconstitutional.

Defendants challenged the trial court’s jurisdiction, contending the statewide planning goals are "rules” within the meaning of the Administrative Procedures Act and therefore that exclusive…