Friends of Forest Park v. Land Conservation & Development Commission

Petitioner seeks review of the portion of LCDC’s periodic review order that requires Multnomah County to repeat the Goal 5 process ab initio for a mineral and aggregate resource site as to which the county fully allowed conflicting uses over mineral and aggregate resources.1 OAR 660-16-010(2). Petitioner argues that LCDC’s order conflicts with Goal 5 and the goal’s implementing rule, OAR 660-16-000 et seq, and that it .is not supported by substantial evidence.

LCDC essentially held that the county’s implementation of the Goal 5 process was faulty from the inception, beginning with the initial…