Boise Cascade Corp. v. Board of Forestry

Plaintiff appeals from the judgment for defendant Board of Forestry (board) in this inverse condemnation action arising out of the board’s refusal to permit logging operations on plaintiffs property in which a spotted owl nesting site is located. Plaintiff contends that the board’s refusal gives rise to an uncompensated taking of its property in violation of the Fifth Amendment to the federal constitution and Article I, section 18, of the Oregon Constitution. The trial court granted the state’s ORCP 21 motion to dismiss on the grounds that the court lacked subject matter jurisdiction, that…