Broughton Lumber Company v. Columbia River Gorge Commission

Broughton Lumber Company (Brough-ton), appeals the district court’s order dismissing its inverse condemnation action against the states of Oregon and Washington (the States) and its declaratory judgment and inverse condemnation actions against the Columbia River Gorge Commission (Commission) brought pursuant to 16 U.S.C. §§ 544 -544p (1989). We affirm.

BACKGROUND

Broughton, a Washington Corporation, owns a 108.53 acre lot within the Columbia River Gorge National Scenic Area. In August, 1988, Broughton submitted a land use application to the Commission to subdivide its 108.53 acre lot into three parcels for residential development. The Executive Director (Director) of the Commission denied Broughton’s application on October 25, 1988.

Broughton appealed the Director’s decision to the Commission. On January 24, 1989, the Commission adopted the Director’s findings of fact and conclusions of law, upheld the Director’s decision, and denied Broughton’s appeal.

Broughton filed a civil complaint in the United States District Court for the District of Oregon against the Commission, the states of Oregon and Washington, the United States, and the Secretary of the United States Department…