Protect Grand Island Farms v. Yamhill County, 249 OrApp 223 (2012)

Holding:   Where a single site contains two layers of aggregate separated by a layer of clay, the average thickness of the aggregate resource includes all the aggregate available, even if the aggregate is “physically discontinuous.”

1)   Courts employ the same methodology to construe administrative rules as they do when construing statutes. at p. 230.

2)  “We examine the text of the rule in context to discern the intent of the body that promulgated the rule.” at p. 230.

3)  Where there is no statutory definition, Courts give common words their “plain and ordinary” meaning, and consult contemporary dictionaries to divine what is plain and ordinary. at pp. 230-31.

4)   Often, use of the definite article “the,” followed by a singular noun, conveys an intent to refer to a one particular thing. However, that is not always the case. at pp. 231-32.

5)  Where application of the “text and context” analysis fails to resolve the issue, and, there is no relevant history surrounding the rule’s adoption, Courts resorts to maxims of construction. at p. 232.

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