Legal Opinion

Brown v. Parks & Recreation Dep't

Court of Appeals of Oregon

Decided April 3, 2019No. A165691PublishedCited by 3 opinions

1Opinion of the Court

BREWER, S. J.

*888In this rule challenge under ORS 183.400(1),1 petitioner contends that information published online by the Oregon Parks and Recreation Department, through its State Historic Preservation Office (SHPO), describing property owners eligible to concur in or object to a nomination of property for inclusion in the National Register of Historic Places constitutes a "rule" within the meaning of the Administrative Procedures Act (APA), ORS 183.310 to 183.690, and is invalid because SHPO failed to comply with applicable rulemaking procedures. We conclude that the part of the published…

2Cases cited7 opinions

  1. Burke v. Public Welfare DivisionCourt of Appeals of Oregon · 1977
  2. Smith v. Two Rivers Correctional InstitutionCourt of Appeals of Oregon · 2013
  3. Smith v. Department of Consumer & Business ServicesCourt of Appeals of Oregon · 2017
  4. Confederated Tribes of Siletz Indians v. Fish & Wildlife CommissionCourt of Appeals of Oregon · 2011
  5. Karuk Tribe of California v. Tri-County Metropolitan Transportation DistrictOregon Supreme Court · 2014

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Lewis v. Dept. of CorrectionsCourt of Appeals of Oregon · 2025
  2. Lewis v. Dept. of CorrectionsCourt of Appeals of Oregon · 2025
  3. Clark County- Winchester Heritage Commission v. Thomas NortonCourt of Appeals of Kentucky · 2021

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