1 Edward J. Sullivan Retired Owner - Portland Bank of America Financial Center 121 SW Morrison Street 11th Floor Portland, OR Tel Fax Edward Sullivan specialized in land use law for over 45 years and is a retired owner who previously practiced in the Portland Office of Garvey Schubert Barer. Before going into private practice, he served as assistant county counsel and county counsel for Washington County, Oregon, and as legal counsel to the governor of Oregon. Education Willamette University College of Law, J.D., 1969 University College (London), LL.M., 1978 Portland State University, Urban Studies Certificate, 1974 University College (Oxford), Diploma in Law, 1984 University of Durham, M.A., Political Thought, 1998 Portland State University, M.A., 1973 St. John's University, B.A., 1966 Admissions Not Practicing Law Professional Recognition Named Best Lawyers Portland, OR, "Lawyer of the Year, in the area of Administrative Law, 2012, 2015; Litigation - Land Use & Zoning, 2013 Named by peers to Best Lawyers in the area of Land Use & Zoning Law, ; Administrative Law, Award of Recognition, Oregon City Attorneys Association, May 4, 2012 Named by peers as a "Super Lawyer" in Oregon Super Lawyers magazine, ; named among the Top 50 Oregon Super Lawyers, ; named among the Top 10 Oregon Super Lawyers, 2010 Named as a "Super Lawyer" in Super Lawyers Business Edition, 2014 Voted by peers to receive "Best of the Bar" Award in the area of Real Estate and Land Use in Portland Copyright 2015 Garvey Schubert Barer. All Rights Reserved.
2 Business Journal, 2005 Martindale-Hubbell AV/5.0 Peer Review Rated Professional Activities Elected, Regional vice-president, 9th circuit, International Municipal Lawyers Association, 2012 Board Member, Oregon Chapter of the American Planning Association; Chair, Legislative and Policy Affairs Committee, Member, Amicus Curiae Committee, 2003-present Regional Vice President, Ninth Circuit North, International Municipal Lawyers Association (IMLA); Member, the International, Awards, and Planning, Zoning and Land Development Committees; Chair, Planning, Zoning and Land Development Committee, ; Co-Chair, Annual Meeting Host Committee, 2006 Chair, Section on State and Local Government Law, American Bar Association, ; Vice-Chair, ; Secretary, ; Council Member, 2000-present; Member and Vice-Chair, Land Use Committee, ; Chair, Subcommittee on Comprehensive Planning and Urban Growth, Chair, Housing Land Alliance, Chair, Advisory Committee, Urban Lawyer Chair, 120-Day Club, 1991-present Editor, Land Use, Oregon State Bar Continuing Legal Education publication, 1975, 1982, 1988, 1994, 2000 and 2010 Editions Contributor and Associate Editor, Oregon State Bar Real Estate and Land Use Law Digest, Oregon State Bar, 1979-present Adjunct Professor, Urban Studies and Planning, Portland State University, 1973-present; Administrative Law, ; Oregon Land Use Law, 2000-present Instructor, Planning Law, Lewis & Clark Law School, 1987-present Instructor, Planning Law, Willamette University, Member, American Planning Association, Legislative and Policy Committee, 2014 Community Activities Chair, Parish Council, St. Patrick's Catholic Parish, Portland, President, Oxford and Cambridge Society of Oregon, Events "International Academic Association on Planning, Law and Property Rights," PLPR Conference, 2015, Volos, Greece, February 25-27, 2015 Land Use Planning for Pot, Portland, OR, May 6, 2014 "Comprehensive Plans," 2014 IMLA Teleconference Series, Teleconference, March 10, 2014 "Urban Growth Management in the Portland, Oregon Region A Forty Year Experiment," PLPR 2014 Conference, Haifa, Israel, February 10-14, 2014 "Affirmatively Furthering Fair Housing for City, Land Use & Fair Housing Attorneys," Fair Housing Council of Oregon, Litigation Seminar, Portland, OR, January 29, 2014
3 Oregon, Litigation Seminar, Portland, OR, January 29, 2014 What Is a Land Use Decision?, Garvey Schubert Barer, Portland, OR, January 23, 2014 "Smart Growth: State Strategies in Managing Sprawl," American Bar Association CLE, Live Webinar, January 22, 2014 "Relevant Parcel/Denominator Issue," The Takings Issue, 40th Anniversary Symposium, Touro Law Center, Central Islip, NY, October 3-4, 2013 Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation, San Francisco, CA, August 14-16, 2013 Euclid Society Meeting: Dealing with the Downsides of Density, Garvey Schubert Barer Portland Office, June 6, 2013 "Privatization of Planning Powers and Urban Infrastructures," Platforms of Experts in Planning Law Conference 2012, Lisbon, Portugal, October 12-13, 2012 Euclid Takes on Farming, Garvey Schubert Barer, Portland, OR, September 11, 2012 How Do We Move Forward? An Update on the New Amendments to the Transportation Planning Rule, Garvey Schubert Barer, Portland, OR, June 6, 2012 Real Estate for Planners: What Planners Should Know About Real Estate Issues, Garvey Schubert Barer, Portland, OR, February 8, 2012 It Ain t Easy Being Green: Standards and Strategies for Responding to Climate Change, Garvey Schubert Barer, Portland, OR, November 9, 2011 "Quiet Revolution Country: A Selective Retrospective," 12th Kratovil Conference on Real Estate Law & Practice: 40th Anniversary Quiet Revolution in Zoning and Land Use Regulation, The John Marshall Law School, Chicago, IL, September 20, 2011 "Agricultural Lands Preservation in Oregon," 2011 Oregon Planning Institute Conference, University of Oregon, Eugene, OR, September 14-16, 2011 FAQs About EOAs: Economic Opportunity Analysis Industrial Lands, Garvey Schubert Barer, Portland, OR, August 10, 2011 "Preserving Forest Lands for Forest Uses: Oregon Land Use Policies for Forest Lands" Planning, Law, and Property Rights, Fifth International Conference, University of Alberta-Faculty of Law, Edmonton, Canada, May 25-28, 2011 Introducing the Euclid Society: Managing the Clock Making Decisions Within Statutory Timelines, Garvey Schubert Barer, Portland, OR, April 27, 2011 "Comparative Alternative Dispute Resolution Processes in Oregon and the United Kingdom," World Jurist Association Conference, Port Louis, Mauritius, April 4-6, 2011 "Staying Out of Court by Avoiding Pitfalls," American Planning Association, Web Conference, December 8, 2010 "Takings International: Property Rights and Land Use Regulations Around the Globe," st Annual Conference, Association of Collegiate Schools of Planning, Minneapolis, MN, October 7, 2010 "Measure 49: Oregon Voters Take Back the Right to Prevent Unimpeded Land Development Authorized by Measure 37," International Academic Association on Planning, Law, and Property Rights Conference, Dortmund, Germany, February 10-12, 2010 "Honesty Against Corruption - Understanding Our Strengths and the Challenge - Meeting of Perceptions from the East and the West," The BELL Association for Freedom and Democracy Conference, Prague, Czech
4 Republic, May 15-16, 2009 "In Accordance with a Plan," American Planning Association National Planning Conference, Minneapolis Convention Center, Minneapolis, MN, April 25-29, 2009 "Condemnation Hot Topics," American Bar Association Section of State and Local Government Law, Audio Conference, April 1, 2009 "The Role of the Legal Profession," World Jurist Association, 23rd Biennial Congress on the Law of the World, Kiev, Ukraine, March 22-27, 2009 "Property Rights," International Academic Association on Planning, Law and Property Rights Third Conference, Aalborg University, Aalborg, Denmark, February 11-13, 2009 "The Legal Terrain after the Measure 49 Vote," Business Innovation and Law: Oregon Land Use and Development Tensions Conference, Portland World Trade Center, Portland, OR, November 16, 2007 "Measure 37 and What it Means," Oregon Parelegal Association Annual Meeting, Holiday Inn, Wilsonville, OR, October 26, 2007 "Property Rights Legislation," Balancing Private & Public Rights in the Coastal Zone in the Era of Climate Change: The Fifteenth Anniversary of Lucas v. South Carolina Coastal Council, University of South Carolina School of Law, Columbia, SC, September 20-21, 2007 China-U.S Sustainability and Development: A Gateway for Oregon Growth, The Benson Hotel Crystal Ballroom, Portland, OR, August 21, 2007 "Measure 37 Updates - Hot Topics in Land Use," Oregon District Attorney's Association Conference, Riverhouse Resort, Bend, OR, July 25, 2007 "Cudgels and Collaboration: Commercial Development Regulation and Support in the Portland, Oregon - Vancouver, Washington Metropolitan Region," 2nd International Conference on China's Urban Development and Planning and 1st International Association for China Planning Conference, Beijing, China, June 11, 2007 "The Oregon Experience and Potential Legal Challenges to Proposition 207," Arizona State Bar Association, Annual Land Use Update - Proposition 207: Comprehending and Coping, Orange Tree Golf Resort, Scottsdale, AZ, June 8, 2007 "Legislative Survey: Comparison and Contrast of State Legislative Actions," Eminent Domain National Conference: A Retrospective on Kelo, Flamingo Hotel, Las Vegas, NV, April 19-20, 2007 "Championing the General Plan," American Planning Association, National Planning Conference, Philadelphia, PA, April 14-18, 2007 Publications "Recent Developments in Comprehensive Planning (2014)," Urban Lawyer, Vol. 46, No. 3 Summer "Urban Growth Management in Portland, Oregon," 93 OR. L. Rev. 455 (2014). "Regional Problem Solving in Action: Lessons from the Greater Bear Creek Valley RPS Process," 46 Urban Lawyer 269 (2014) "OP-ED: Back to the future: the Metro reserves decision," Daily Journal of Commerce - Oregon, March 10, "Substantive Due Process Through the Just Compensation Clause: Understanding Koontz's "Special Application" of the Doctrine of Unconstitutional Conditions by Tracing the Doctrine's History," 46 Urban Lawyer 569, 2014.
5 "A Brief History of the Takings Clause," Garvey Schubert Barer, November 11, "Smart Growth: State Strategies in Managing Sprawl," 45 Urb. L. 349 (2013). "Recent Developments in Comprehensive Planning (2013)," Urban Lawyer, Vol. 45, No. 3 Summer "Court decision paves way for greater federal involvement in land use," Daily Journal of Commerce - Oregon, June 10, "A Timely, Orderly, and Efficient Arrangement of Public Facilities and Services - The Oregon Approach," 49 Willamette L. Rev. 411 (2013). "Coming Affordable Housing Challenges for Municipalities After the Great Recession," Journal of Affordable Housing and Community Development, Vol. 21, No. 3&4, "Substantive Due Process and American Planning Law," Journal of Planning and Environmental Law, November "An Economic Analysis of the Competing Viewpoints in Oregon Land-Use Regulation," 9 U. S. China L. Rev. 230, "Recent Developments in Comprehensive Planning (2012)," Urban Lawyer, Vol. 44, No. 3 Summer "The Quiet Revolution Goes West: The Oregon Planning Program ," 45 John Marshall Law Review 357, "Alternative Dispute Resolution in Land Use Disputes Two Continents and Two Approaches," 43 Urban Lawyer 1035, Fall "Recent Developments in Comprehensive Planning Law," The Urban Lawyer, Vol. 43, No. 3 Summer "Judicial Review of Land Use Decisions-Two Courts, Two States and Two Views," Zoning and Planning Report, Vol. 34, No.7, July/August "Preserving Forest Lands for Forest Uses - Land Use Policies for Oregon Forest Lands," Sullivan & Solomou, 26 J. ENVTL. L. & LITIG. 179 (2011). "City Takes Shellacking From State Tribunal," Daily Journal of Commerce - Oregon, February 11, 2011 "Misleading Publicity Hurts Planning," The Daily Journal of Commerce, October 14, 2010 "5 Potential Problems With Portland s Urban Growth Boundary Expansion," Daily Journal of Commerce, September 8, "RLUIPA Issues Continue to Pop Up, 10 Years Later," Daily Journal of Commerce - Oregon, June 10, "The Augean Stables: Measure 49 and the Herculean Task of Correcting an Improvident Initiative Measure in Oregon," 46 Willamette L. Rev. 577, "Impact of Measure 49 Still Hazy," Daily Journal of Commerce - Oregon, December 9, "The Time for State and Local Governments to Consider the ABA Model Legislation for Land Use Procedures Is Now!," Administrative & Regulatory Law News, Volume 34, No. 2, Winter "The Long and Winding Road: Farmland Protection in Oregon ," 18 San Joaquin Ag. L. Rev. 1, 2009.
6 "Group is Content to Accept Climate Change," Daily Journal of Commerce - Oregon, November 11, "Once More Unto the Breach, Dear Friends," Daily Journal of Commerce - Oregon, October 7, "Beach Dispute Heads for Highest Court," Daily Journal of Commerce - Oregon, September 9, "Getting to the Blight of the Matter," Daily Journal of Commerce - Oregon, August 12, "Little Done with Task Force's Recommendations," Daily Journal of Commerce - Oregon, July 8, "Through a Glass Darkly: Measuring Loss Under Oregon's Measure 37," 39 Urban Lawyer 563, 2007; 16 SE Env. L. J. 113, 2008; Zoning and Planning Law Handbook 433, "Year Zero: The Aftermath of Measure 37," 36 Environmental Law 131, "Answered Prayers: The Dilemma of Binding Plans," Planning Reform in the New Century, Mandelker, ed., Planner's Press, "Cudgels and Collaboration: Commercial Development Regulation and Support in the Portland, Oregon - Vancouver, Washington Metropolitan Region," 2005 Symposium, Small Town America in an Era of Big Box Development, Vermont Journal of Environmental Law, "Oregon's Measure 37 - Crisis and Opportunity for Planning," 57 Journal of Planning & Environmental Law, No. 3, "Making the Continent Safe for Investors - NAFTA and the Takings Clause of the Fifth Amendment of the American Constitution," 35 Urban Lawyer 1, Winter "Ramapo Plus Thirty: The Changing Role of the Plan in Land Use Regulation," 35 Urban Lawyer 1, 75 (2003). "Making It Up - 'Original Intent' and Federal Takings Jurisprudence," 35 Urban Lawyer 1, Winter "Too Clever for Words: The Demise of Oregon's Measure 7," Land Use Law and Zoning Digest, "Out of the Chaos: Towards a National System of Land Use Procedures," 34 Urban Lawyer 449, "The Return of the Platonic Guardians: Nollan and Dolan and the First Prong of Agins," 34 Urban Lawyer 39, "Of Emperors and Clothes: The Genealogyand Operations of the Agins' Test," 33 Urban Lawyer 343, "Measure 7 and the Politics of Land-Use Planning in Oregon," Land Use Law & Zoning Digest, June "The Rise of Reason in Planning Law: Professor Mandelker and the Relationship of the Comprehensive Plan in Land Use," 3 J.Law & Policy 323, "Reviewing the Reviewer: The Impact of the Land Use Board of Appeals on the Oregon Land Use Program ," Willamette Law Review, "Review on the Record Below," How to Litigate a Land Use Case (Larry J. Smith, ed.)
7 American Bar Association, "Recent Developments in Land Use, Planning, and Zoning Law: The Evolving Role of the Comprehensive Plan," Hot Topics in Land Use Law, American Bar Association Section of State and Local Government Law, "Remarks to University of Oregon's Symposium Marking the Twenty-Fifth Anniversary of S.B. 100," 77 Oregon Law Review 3, "Dolan and Municipal Risk Assessment," 12 J.Law Env. Pol. 1, "Substantive Due Process Resurrected Through the Takings Clause: Nollan, Dolan and Ehrlich," 25 Environmental Law 155, "The Legal Evolution of the Oregon Planning System," in Planning the Oregon Way (Abbott, Howe, and Alder, eds.) Oregon State University Press, "Oregon Blazes a Trail," State & Regional Comprehensive Planning (Buschsbaum and Smith, eds.) American Bar Association, "Land Use and the Oregon Supreme Court: A Recent Retrospective," 25 Willamette Law Journal 259, "The Rise of State Constitutional Limits on Planning and Zoning Powers," 1988 Institute on Planning, Zoning and Eminent Domain, "Spectre at the Celebration: Will San Diego Gas Hinder Oregon's Ten-Year-Old Land Use Program?," 14 Environmental Law 661, "The Oregon Example: Prospects for the Nation," 14 Environmental Law 843, "Book Review: 'Managing Oregon's Growth: The Politics of Development Planning'," 15 Urban Lawyer 684, "Property, Philosophy and Regulation: The Case Against the Natural - Law Theory of Property Rights," 17 Willamette Law Journal 527, 1981(with Susan Leeson). "The Missing Link: Fairness, British Natural Justice and American Planning and Administrative Law," 11 Urban Lawyer 75, "Twenty Years After - Renewed Significance of the Comprehensive Plan Requirement," 9 Urban Law Annual 33, 1975 (with Laurence Kressel). "Symposium: 'The Land Use Law, The Taking Issue'," 5 Environmental Law 515, "Book Review: 'The Taking Issue: An Analysis of the Constitutional Limits of Land Use Control'," 6 Environmental Law 355, "Araby Revisited: The Evolving Concept of Procedural Due Process Before Land Use Regulatory Bodies," 15 Santa Clara Lawyer 50, "From Kroner to Fasano: An Analysis of Judicial Review of Land Use Regulation in Oregon," 10 Willamette Law Journal 358, "The Greening of the Taxpayer: The Relationship of Farm Zone Taxation in Oregon to Land Use," 9 Willamette Law Journal 1, "Suburbia Lost - Constitutional and Other Challenges Regarding the Municipal Income Tax of Non-Residents," 5 Willamette Law Journal 295, 1968.
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