LAND USE AND
PROPERTY ISSUES

Dorothy S. Cofield
Attorney at Law




Cases 

Publications 

Associations 

Presentations 

CASES

Dorothy S. Cofield has prosecuted a number of land use cases over the years she has been practicing land use law.

1. FRANKLIN YOUNG and FRANCES YOUNG, Petitioners, vs CLACKAMAS COUNTY, Respondent, LUBA No. 92-168, OREGON LAND USE BOARD OF APPEALS, 24 Or. LUBA 526; 1993 Ore. Land Use Bd. App. LEXIS 330, February 17, 1993
Dorothy S. Cofield and David B. Smith, ...
... petition for review. Dorothy S. Cofield argued on behalf of petitioners. ...

2. ED CHRISTENSEN, WELKIN ENGINEERING, MICHAEL G. PARK, PARK DEVELOPMENT LLC and PARK 4 LLC, Petitioners, vs. MULTNOMAH COUNTY, Respondent, LUBA No. 2005-026, OREGON LAND USE BOARD OF APPEALS,
2005 Ore. Land Use Bd. App. LEXIS 33, March 9, 2005
Dorothy S. Cofield, Lake Oswego, represented ...

3. PATRICIA L. REINERT, Petitioner, vs. CLACKAMAS COUNTY, Respondent, and AT&T WIRELESS Intervenor-Respondent, LUBA No. 2000-189, OREGON LAND USE BOARD OF APPEALS, 2001 Ore. Land Use Bd. App. LEXIS 86, April 23, 2001
Dorothy S. Cofield, Lake Oswego, represented ...

4. ANDREW MILLER, Petitioner, vs MULTNOMAH COUNTY, Respondent, and ARNOLD ROCHLIN, Intervenor-Respondent, LUBA No. 97-105, OREGON LAND USE BOARD OF APPEALS, 33 Or. LUBA 644; 1997 Ore. Land Use Bd. App. LEXIS 905, November 05, 1997
Dorothy S. Cofield, Portland, filed the petition ...

5. WILLIAM HACKETT, Petitioner, vs MULTNOMAH COUNTY, Respondent, and ARNOLD ROCHLIN, Intervenor-Respondent, LUBA No. 93-190, OREGON LAND USE BOARD OF APPEALS, 26 Or. LUBA 551; 1994 Ore. Land Use Bd. App. LEXIS 143, February 18, 1994
David B. Smith and Dorothy S. Cofield, Tigard, represented petitioner. ...

6. OLAVI SALO, Petitioner, vs. CITY OF OREGON CITY, Respondent, and CARLTON LAND & TIMBER COMPANY, Intervenor-Respondent, LUBA No. 98-173, OREGON LAND USE BOARD OF APPEALS, 36 Or. LUBA 415; 1999 Ore. Land Use Bd. App. LEXIS 137, July 14, 1999
... Marnie Allen, Portland, Dorothy S. Cofield, Portland, and Richard A. ...

7. DALE GREENHALGH and KONNIE WHEELER, Petitioners, and PATRICIA J. ZIMMERMAN, Intervenor-Petitioner, vs. COLUMBIA COUNTY, Respondent, and KEVIN BENDER, FRED BENDER and WESTERN STATES DEVELOPMENT CORPORATION, Intervenor-Respondents, LUBA Nos. 2007-043 and 2007-044, OREGON LAND USE BOARD OF APPEALS, 2007 Ore. Land Use Bd. App. LEXIS 123, July 27, 2007
... by Columbia County. Dorothy S. Cofield, Portland, filed the response ...

8. DELORIS DRAGANOWSKI and RICK DRAGANOWSKI, Petitioners, vs CURRY COUNTY, Respondent, and W.W. CHAMBERS and MARJORIE CHAMBERS, Intervenors-Respondent, LUBA No. 93-162, OREGON LAND USE BOARD OF APPEALS, 26 Or. LUBA 420; 1994 Ore. Land Use Bd. App. LEXIS 127, January 11, 1994
... intervenors-respondent. With him on the brief was Dorothy S. Cofield.

9. J. C. REEVES CORPORATION and JERRY C. REEVES, Petitioners, and COMMON GROUND: THE URBAN LAND COUNCIL OF OREGON, Intervenor-Petitioner, vs CLACKAMAS COUNTY, Respondent, LUBA No. 91-072, OREGON LAND USE BOARD OF APPEALS, 22 Or. LUBA 360; 1991 Ore. Land Use Bd. App. LEXIS 435, November 20, 1991
... behalf of intervenor-petitioner. Dorothy Ann Cofield, Lake Oswego, argued ...

10. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Petitioner, vs YAMHILL COUNTY, Respondent, and ROBERT D. PARK and DEBORAH JEFFRIES, Intervenors-Respondent, LUBA No. 96-008, OREGON LAND USE BOARD OF APPEALS, 31 Or. LUBA 488; 1996 Ore. Land Use Bd. App. LEXIS 80, August 23, 1996
... appearance by respondent. Dorothy S. Cofield, Portland, filed the response ...

11. McKAY CREEK VALLEY ASSOCIATION, Petitioner, vs WASHINGTON COUNTY, Respondent, and DARYL McCOY and SUE McCOY, Intervenors-Respondent, LUBA No. 92-115, OREGON LAND USE BOARD OF APPEALS, 24 Or. LUBA 187; 1992 Ore. Land Use Bd. App. LEXIS 386, October 26, 1992
... behalf of intervenors-respondent. Dorothy Cofield, Portland, argued on behalf ...

12. SHELTER RESOURCES, INC., JOHN LAPE, and LAURA COOMES, Petitioners, and OREGONIANS IN ACTION and HARLEY MISHLER, Intervenors-Petitioner, vs CITY OF CANNON BEACH, Respondent PAUL VISCHER, Petitioner, vs CITY OF CANNON BEACH, Respondent, and SHELTER RESOURCES, INC., JOHN LAPE, LAURA COOMES, OREGONIANS IN ACTION and HARLEY MISHLER Intervenors-Respondent, LUBA No. 93-225, OREGON LAND USE BOARD OF APPEALS, 27 Or. LUBA 229; 1994 Ore. Land Use Bd. App. LEXIS 178, May 16, 1994
... David B. Smith and Dorothy S. Cofield, Tigard, filed a ...

13. Young v. Clackamas County, CA A78933, COURT OF APPEALS OF OREGON, 120 Ore. App. 248; 851 P.2d 637; 1993 Ore. App. LEXIS 767, April 9, 1993, Argued and submitted , May 12, 1993, FILED
... For petitioners: Dorothy S. Cofield, Tigard, argued the ...

14. Oregonians in Action v. Land Conservation & Dev. Comm'n, CA A81525, COURT OF APPEALS OF OREGON, 133 Ore. App. 254; 889 P.2d 1370; 1995 Ore. App. LEXIS 398, October 21, 1994, Argued and submitted , February 22, 1995, FILED
... Dorothy S. Cofield argued the cause ...

15. City of Eugene v. Kokkeler, CA A81329, COURT OF APPEALS OF OREGON, 133 Ore. App. 721; 893 P.2d 1054; 1995 Ore. App. LEXIS 579, December 16, 1994, Argued and submitted , April 19, 1995, FILED

OVERVIEW: In a land condemnation dispute, the trial court did not err in instructing the jury that the determination of the value of the property had to be based on its current use for agriculture.
... Dorothy S. Cofield argued the cause ...

16. McKay Creek Valley Ass'n v. Washington County, CA No. A77482, COURT OF APPEALS OF OREGON, 118 Ore. App. 543; 848 P.2d 624; 1993 Ore. App. LEXIS 429, December 21, 1992, Argued and submitted , March 17, 1993, Decided , March 17, 1993, Filed , Reconsideration Denied June 9, 1993. Petition for Review Denied July 27, 1993 (317 Or 272).

OVERVIEW: In an appeal over a county's approval of a lot line adjustment on certain land, it was unnecessary for the reviewing court to decide whether reexamination of earlier actions concerning the land was appropriate as a general rule because the property passed the test that the Oregon Land Use Board of Appeals deemed applicable.
... County Counsel, Hillsboro.Dorothy S. Cofield, Tigard, argued the ...

17. Larson v. Multnomah County, CA No. A79157, COURT OF APPEALS OF OREGON, 123 Ore. App. 300; 859 P.2d 574; 1993 Ore. App. LEXIS 1535, September 22, 1993, Decided , September 22, 1993, Filed , On petitioners' petition for reconsideration filed July 21, 1993. Opinion filed June 16, 1993. 121 Or App 119, 854 P2d 476.

OVERVIEW: Marina permit applicants did not come within futility exception to ripeness requirement for regulatory taking claims because although they claimed that no permitted use was economically viable, they did not seek permission for more extensive uses.
... B. Smith and Dorothy S. Cofield, Tigard, for petition. ...

18. Jackson County v. Land Conservation & Dev. Comm'n, CA No. A78959, COURT OF APPEALS OF OREGON, 132 Ore. App. 302; 888 P.2d 98; 1995 Ore. App. LEXIS 17, September 16, 1994, Argued and submitted , January 4, 1995, Decided , January 4, 1995, FILED , Oregonians in Action's Petition for Review and Jackson County's Petition for Review Denied May 16, 1995 (321 Or 137).

OVERVIEW: The Land Conservation and Development Commission properly determined that the county had engaged in a pattern or practice of land use decision-making and other actions that violated the county's comprehensive plan or land use regulations.
... Jackson County Counsel.Dorothy S. Cofield argued the cause ...

19. Shelter Resources v. City of Cannon Beach, CA No. A84202, COURT OF APPEALS OF OREGON, 129 Ore. App. 433; 879 P.2d 1313; 1994 Ore. App. LEXIS 1198, July 7, 1994, Argued and submitted , August 10, 1994, Decided , August 10, 1994, Filed

OVERVIEW: Because a city's population was less than 2,500 people, a state statute regarding "needed housing" was inapplicable to the city and precluded the Land Use Board of Appeals from overturning the city's interpretation of its comprehensive plan.
... the brief was Dorothy S. Cofield.Daniel Kearns argued ...

20. Edney v. Columbia County Bd. of Comm'rs, SC No. S40166, SUPREME COURT OF OREGON, 318 Ore. 138; 863 P.2d 1259; 1993 Ore. LEXIS 168, November 1, 1993, Argued and Submitted , December 16, 1993, Decided , December 16, 1993, Filed

OVERVIEW: The property owners were not entitled to a writ of mandamus ordering an administrative board to grant their application for a zoning change when the application was missing a required amendment of the comprehensive plan.
... respondents on review. Dorothy S. Cofield and David B. ...

21. Larson v. Multnomah County, CA No. A79157, COURT OF APPEALS OF OREGON, 121 Ore. App. 119; 854 P.2d 476; 1993 Ore. App. LEXIS 1051, May 14, 1993, Argued and submitted , June 16, 1993, Decided , June 16, 1993, FILED , Petitioners' Petition for Reconsideration Filed July 21 Allowed by Opinion September 22, 1993.

OVERVIEW: When landowners' application for a permit to build a marina was denied, their claim that the denial deprived them of all economic benefit and amounted to a taking was not ripe; at least one additional application after the initial denial was needed.
... the brief was Dorothy S. Cofield, Tigard.John L. ...

22. Miller v. Multnomah County, CA A100110, COURT OF APPEALS OF OREGON, 153 Ore. App. 30; 956 P.2d 209; 1998 Ore. App. LEXIS 377, January 12, 1998, Submitted on Record and Briefs , March 18, 1998, Filed

OVERVIEW: The Land Use Board of Appeals did not err in finding that a county did not date a nunc pro tunc order denying an applicant's request for a conditional use permit to build a dwelling in a forest zone to avoid refunding one-half of the application fee.
... Dorothy S. Cofield filed the brief ...

23. State v. Hewett Professional Group, SC S41575, SUPREME COURT OF OREGON, 321 Ore. 118; 895 P.2d 755; 1995 Ore. LEXIS 38, January 6, 1995, Argued and submitted , May 18, 1995, FILED

OVERVIEW: Condemnee's defense of equitable estoppel failed because reliance upon statement that building would not be taken was not reasonable at the time condemnee acted to demolish existing structure on the property.
... Solicitor General, Salem.Dorothy S. Cofield, Tigard, filed briefs ...

24. State ex rel. Compass Corp. v. City of Lake Oswego, SC S40507, SUPREME COURT OF OREGON, 319 Ore. 537; 878 P.2d 403; 1994 Ore. LEXIS 79, May 12, 1994, Argued and Submitted , August 11, 1994, Filed , On Remand December 14, 1994, Reported at: 1994 Ore. App. LEXIS 1811.

OVERVIEW: The applicant was entitled to have its land use permit approved in the alternative mandamus action because the city failed to take action on the permit within 120 days and the city could not foreclose such remedy by taking action after the deadline.
... to the petition.Dorothy S. Cofield and David B. ...

25. Dodd v. Hood River County, SC Nos. S39683, S39684, SUPREME COURT OF OREGON, 317 Ore. 172; 855 P.2d 608; 1993 Ore. LEXIS 99, March 4, 1993, Argued and submitted , July 22, 1993, Decided , July 22, 1993, Filed , Reconsideration Denied September 21, 1993.

OVERVIEW: Where the county's zoning ordinance was amended to prohibit the landowners from constructing a dwelling on their property, their property was not "taken" because the zoning ordinance allowed them some substantial beneficial use of their property.
... the petition was Dorothy S. Cofield, Tigard.Teunis Wyers, ...

26. Macpherson v. Dep't of Admin. Servs., SC S52875 , SUPREME COURT OF OREGON, 340 Ore. 117; 130 P.3d 308; 2006 Ore. LEXIS 104, January 10, 2006, Argued and Submitted , February 21, 2006, Filed

OVERVIEW: Trial court erred in declaring Ballot Measure 37, Or. Rev. Stat. § 197.352, unconstitutional because Measure 37 did not violate separation of powers constraints, improperly waive sovereign immunity, limit the plenary power of the legislature or the people to enact legislation, or violate due process or the privileges and immunities guarantee.OVERVIEW: Trial court erred in declaring Ballot Measure 37, Or. Rev. Stat. § 197.352, unconstitutional because Measure 37 did not violate separation of powers constraints, improperly waive sovereign immunity, limit the plenary power of the legislature or the people to enact legislation, or violate due process or the privileges and immunities guarantee.
... PRETE; EUGENE PRETE; DOROTHY ENGLISH; HOWARD MEREDITH; ...
... Eugene Prete, and Dorothy English. With him ...
... Family Business Institute. Dorothy S. Cofield, Cofield Law Office, Lake ...
... the chief petitioners Dorothy English, Barbara Prete ...

27. Burton v. City of Cannon Beach, 2011 WL 2196138 (Or Luba).

28. Pronghorn Development Co. LLC v. Deschutes County, 2012 WL 6764236

The preceeding case listings reproduced by Cofield Law Office with the permission of LexisNexis. © 1991-2007 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. No copyright is claimed as to any portion of the original work prepared by a government officer or employee as part of that person’s official duties.


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