Lane County v. Land Conservation & Development Commission

In this administrative law case, the Land Conservation and Development Commission (LCDC) and 1000 Friends of Oregon seek review of a Court of Appeals’ decision that invalidated certain LCDC rules on the ground that they are inconsistent with a statute, ORS 215.213, and, therefore, that LCDC exceeded its statutory authority by promulgating them. Lane County v. LCDC, 138 Or App 635, 910 P2d 414, modified on recons 140 Or App 368, 914 P2d 1114 (1996). We conclude that LCDC’s rules are not inconsistent with that statute in any manner argued to the Court of Appeals. Accordingly, we reverse the…