Utsey v. Coos County

I agree with the majority that, under Article VII (Amended) of the Oregon Constitution, there are limits on *562the authority of the legislature to regulate access to the courts. However, for the reasons that I will discuss, I do not agree with the majority that the legislature’s grant of “standing” to seek judicial review of land use decisions in ORS 197.830 and ORS 197.850 exceeds constitutional limits. In my view, this case presents a justiciable controversy because the statutory standing requirements are satisfied as well as all of the elements necessary to establish justiciability.…