Legal Opinion

Columbia Pac. Bldg. Trades Council v. City of Portland

Court of Appeals of Oregon

Decided January 4, 2018No. A165618PublishedCited by 4 opinions

1Opinion of the CourtShorr, J.

*742In this review of an order by the Land Use Board of Appeals (LUBA), we first consider whether certain zoning code amendments enacted by the City of Portland violate the dormant Commerce Clause of the United States Constitution. The amendments were designed to stop the expansion of existing fossil-fuel terminals and limit the size of some new terminals within the city. Contrary to LUBA's opinion and order, we conclude that the amendments do not violate the dormant Commerce Clause. The other issues, more traditional to land use disputes, are whether the amendments are inconsistent with…

2Cases cited21 opinions

  1. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  2. City of Philadelphia v. New JerseySupreme Court of the United States · 1978
  3. Exxon Corp. v. Governor of MarylandSupreme Court of the United States · 1978
  4. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
  5. Hughes v. OklahomaSupreme Court of the United States · 1979

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

3Cited by4 opinions

  1. 1000 Friends of Oregon v. Clackamas CountyCourt of Appeals of Oregon · 2021
  2. Kamps-Hughes v. City of EugeneCourt of Appeals of Oregon · 2020
  3. Amalgamated Transit Union v. Tri-County Metro. Transp. Dist. of Or.Court of Appeals of Oregon · 2019
  4. Restore Oregon v. City of PortlandCourt of Appeals of Oregon · 2020

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