Gage v. City of Portland

Petitioners oppose an amendment to a planned unit development (PUD) for which respondent FP-35 Partners applied and which the City of Portland’s hearings officer approved. The city had approved the original preliminary development plan in 1981 and granted final approval of the original plan in 1984. The amendment was sought in 1991. Between the time of the approval of the original plan and the application for the amendment, the city adopted PCC Chapter 33.299, which regulates the “disturbance of forests. ” PCC 33.299.030(C) prohibits “[c]utting, damaging, or removing vegetation” in forests.…