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Ed Sullivan, Adjunct Law Faculty

Edward Sullivan

Adjunct Law Faculty

Biography

Edward Sullivan specialized in land use law for over 45 years and is now retired from practice. 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. Over the course of Mr. Sullivan’s career, he has taught and mentored countless law and land use planning students, as well as published a body of work that aims to explain land use law in Oregon and beyond.

 

Education

 

  • John’s University, BA, 1966
  • Willamette University College of Law, D., 1969
  • Portland State University, A., History, 1973
  • PortlandStateUniversity,UrbanStudiesCertificate,1974
  • University College (London), M., 1978
  • UniversityCollege(Oxford),DiplomainLaw,1984
  • UniversityofDurham,A.,PoliticalThought,1998

 

Admissions

 

  • District of Columbia, Oregon and Washington Bars (All Inactive)

 

Professional Activities

 

  • Oregon Chapter of the American Planning Association; Chair, Legislative and Policy Affairs Committee, 2000-2010, Member 2010-present
  • Member, American Planning Association Amicus Curiae Committee, 2003-present
  • Member, American Planning Association, Legislative and Policy Committee, 2014-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, 2005-2006; Co-Chair, Annual Meeting Host Committee, 2006
  • Chair, Section on State and Local Government Law, American Bar Association, 2006-2007; Vice-Chair, 2004-2005; Secretary, 2003-2004; Council Member, 2000-2008; Member and Vice-Chair, Land Use Committee, 2002-2003; Chair, Subcommittee on Comprehensive Planning and Urban Growth, 2002-2005, Chair, Subcommittee on Comprehensive Plan, 2005-present
  • Chair, Housing Land Advocates, 2004-2009, Member of Governing Board, 2004-present
  • Chair, Urban Lawyer Advisory Committee (Law Review for American Bar Association Section on State and Local Government Law)
  • Chair, 120-Day Club, 1991-2014
  • 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, 1979-2013, Contributor and Editorial Board Member 2013-present
  • Adjunct Professor, Urban Studies and Planning, Portland State University, 1973-present; Administrative Law, 1980-2000; Oregon Land Use Law, 2000-present
  • Instructor, Planning Law, Lewis & Clark Law School, 1987-present
  • Instructor, Planning Law, Willamette University, 1984 -1988 and 2012-present

 

Community Activities

 

  • Chair, Parish Council, St. Patrick’s Catholic Parish, Portland, 1984-2009
  • Secretary, Oxford and Cambridge Society of Oregon, 1984-2008
  • Planning Law Columnist, Portland Daily Journal of Commerce, 2005-present

 

Publications

 

LAW REVIEW ARTICLES

 

  • “The Paradox of Change in the American West: Global Climate Destruction and the Reallocation of Urban Space and Priorities” (with Professor A. Dan Tarlock), University of Oregon Journal of Environmental Law and Litigation (Forthcoming 2022)
  • “The Natural Resource Protection Conundrum” (with Caleb J. Huegel) Willamette University Law Review, (Forthcoming Summer 2021)
  • “The Use of Legal Mechanisms to Provide for Affordable Housing in England and the United States” (with Robert Williams, Bart.), 4 J. Comp. Urb. L. & Pol. 389 (2020)
  • “The Western Urban Landscape and Climate Change” (with Professor A. Dan Tarlock) 49 Env. L. 931 (2019)
  • “The Role of State Planning Law in the Regulation and Protection of Ocean Resources,” 24 Ocean and Coastal Law 136 (2019)
  • “Climate Change and Oregon Law: What Is to Be Done?” (with Steven R. Schell and Alan K. Brickley) 34 Journal of Environmental Law and Litigation 234 (2018)
  • “Protecting Oregon’s Estuaries,” 23 Ocean& CoastalJ. 373 (2018)
  • “The Challenge of Housing Affordability in Oregon: Facts, Tools and Outcomes,” (with Professor Paul Diller), 27 Journal of Housing and Community Development 183 (2018)
  • “Shorelands Protection in Oregon,” (forthcoming, 2018, Journal of Environmental Law and Litigation)
  • “Public Regulation of Non-Commercial Speech in the United States and United Kingdom: A Comparison,” (with Alexia Solomou) 49 Urban Lawyer 415 (2017)
  • “Population Forecasting and Planning Authority,” 48 Urban Lawyer 47 (2016)
  • “The Connection between Land Use and Transportation: The Oregon Experience,” 48 Urban Lawyer 839 (2016)
  • “Urbanization in Oregon: Goal 14 and the Urban Growth Boundary,” 47 Urban Lawyer 165 (2015)
  • “Urban Growth Management in Portland, Oregon,” 93 L. Rev. 455 (2014)
  • “Regional Problem Solving in Action: Lessons from the Greater Bear Creek Valley RPS Process,” 46 Urban Lawyer 269 (2014)
  • “The “Parcel as a Whole” in Context: Shifting the Benefits and Burdens of Economic Life - or Not,” 30 Truro Law Review 431 (2014) (with Karin Power)
  • “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)
  • “Smart Growth: State Strategies in Managing Sprawl,” 45 Urban Lawyer 349 (2013)
  • “A Timely, Orderly, and Efficient Arrangement of Public Facilities and Services - The Oregon Approach,” 49 Willamette Rev. 411 (2013)
  • “Coming Affordable Housing Challenges for Municipalities After the Great Recession,” 21 Journal of Affordable Housing and Community Development 297 (2013) (with Karin Power)
  • “An Economic Analysis of the Competing Viewpoints in Oregon Land-Use Regulation,” 9 S.-China L. Rev. 230, (2012)
  • “The Quiet Revolution Goes West: The Oregon Planning Program 1961-2011,” 45 John Marshall Law Review 357, (2012)
  • “Alternative Dispute Resolution in Land Use Disputes—Two Continents and Two Approaches,” 43 Urban Lawyer 1035, Fall (2011)
    • “Preserving Forest Lands for Forest Uses - Land Use Policies for Oregon Forest Lands,” Sullivan & Solomou, 26 ENVTL. L. & LITIG. 179 (2011)
  • “The Augean Stables: Measure 49 and the Herculean Task of Correcting an Improvident Initiative Measure in Oregon,” (with Jennifer Bragar) 46 Willamette Rev. 577, (2010)
  • “The Long and Winding Road: Farmland Protection in Oregon 1961-2009,” 18 San Joaquin L. Rev. 1, (2009)
    • “Through a Glass Darkly: Measuring Loss Under Oregon’s Measure 37,” 39 Urban Lawyer 563, (2007); 16 SE L. J. 113, (2008); Zoning and Planning Law Handbook 433, (2008)
    • “Year Zero: The Aftermath of Measure 37,” 36 Environmental Law 131, (2006)
  • “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, (2005)
  • “The Role of the Comprehensive Plan in Infrastructure Financing,” (with Isa Lester) 37 Urban Lawyer 53 (2005)
  • “Making the Continent Safe for Investors - NAFTA and the Takings Clause of the Fifth Amendment of the American Constitution,” 35 Urban Lawyer 1, Winter (2004)
  • “Ramapo Plus Thirty: The Changing Role of the Plan in Land Use Regulation,” (with Matt Michel) 2003 Institute on Planning, Zoning and Eminent Domain Law, reprinted in 35 Urban Lawyer 1, 75 (2003)
  • “Making It Up - ‘Original Intent’ and Federal Takings Jurisprudence,” 35 Urban Lawyer 1, Winter (2003)
  • “Out of the Chaos: Towards a National System of Land Use Procedures,” 2002 Institute on Planning, Zoning and Eminent Domain Law, reprinted in 34 Urban Lawyer 449, (2002)
  • “The Return of the Platonic Guardians: Nollan and Dolan and the First Prong of Agins,” 34 Urban Lawyer 39, (2002)
  • “Of Emperors and Clothes: The Genealogy and Operations of the Agins’ Test,” 33 Urban Lawyer 343, (2001)
  • “Reviewing the Reviewer: The Impact of the Land Use Board of Appeals on the Oregon Land Use Program 1979-1999,” Willamette Law Review, (2000)
  • “The Rise of Reason in Planning Law: Professor Mandelker and the Relationship of the Comprehensive Plan in Land Use,” 3 Law & Policy 323, (2000)
    • “Remarks to University of Oregon’s Symposium Marking the Twenty-Fifth Anniversary of S.B. 100,” 77 Oregon Law Review 813, (1998)
    • “Dolan and Municipal Risk Assessment,” 12 Law Env. Pol. 1, (1997)
    • “Substantive Due Process Resurrected Through the Takings Clause: Nollan, Dolan and Ehrlich,” 25 Environmental Law 155, (1995)
  • “Land Use and the Oregon Supreme Court: A Recent Retrospective,” 25 Willamette Law Journal 259, (1989)
  • “The Rise of State Constitutional Limits on Planning and Zoning Powers,” 1988 Institute on Planning, Zoning and Eminent Domain (1988)
  • “Spectre at the Celebration: Will San Diego Gas Hinder Oregon’s Ten-Year-Old Land Use Program?” 14 Environmental Law 661, (1984)
    • “The Oregon Example: Prospects for the Nation,” 14 Environmental Law 843, (1984)
    • “Book Review: ‘Managing Oregon’s Growth: The Politics of Development Planning’,” 15 Urban Lawyer 684, (1983)
  • “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, (1979)
  • “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, (1975)
    • “Book Review: ‘The Taking Issue: An Analysis of the Constitutional Limits of Land Use Control’,” 6 Environmental Law 355, (1975)
  • “From Kroner to Fasano: An Analysis of Judicial Review of Land Use Regulation in Oregon,” 10 Willamette Law Journal 358, (1974)
  • “Araby Revisited: The Evolving Concept of Procedural Due Process Before Land Use Regulatory Bodies,” 15 Santa Clara Lawyer 50, (1974)
  • “The Greening of the Taxpayer: The Relationship of Farm Zone Taxation in Oregon to Land Use,” 9Willamette Law Journal 1, (1973)
  • “Suburbia Lost - Constitutional and Other Challenges Regarding the Municipal Income Tax of Non-Residents,” 5 Willamette Law Journal 295, (1968)

 

BOOK CHAPTERS

 

  • “Eminent Domain Use for Densification in the United States in Compulsory Property Acquisition for Urban Densification” (forthcoming 2018, Routledge Press)
  • “Oregon’s Measure 37.” 2007 Zoning and Planning Law Handbook (Salkin, Ed.) (Thompson West)
  • “Answered Prayers: The Dilemma of Binding Plans” in Planning Reform in the New Century, (Mandelker, ed.) Planner’s Press, 2005
  • “Taming the ‘Shameless Threat’” in Planning the Pacific Northwest (Sterrett et al., eds.), 2005
  • “Review on the Record Below” in How to Litigate a Land Use Case (Larry Smith, ed.) American Bar Association, 1999
  • “The Legal Evolution of the Oregon Planning System” in Planning the Oregon Way (Abbott, Howe, and Alder, ) Oregon State University Press, 1994
  • “Oregon Blazes a Trail” State & Regional Comprehensive Planning (Buschsbaum and Smith, ) American Bar Association, 1993

 

SHORTER ARTICLES

 

  • “Parks and Recreation – and Dude Ranches, and Speedways, and Destination Resorts: Land Use Planning and Regulation of Leisure Activities”, 44 Zoning and Planning Law Report 3 (2021)
  • “Will States Take Back Control of Housing from Local Governments?,” 43 Zoning and Planning Law Report 7 (2020)
  • “Public Participation: Planning’s Conundrum,” 43 Zoning and Planning Law Report 4 (2020)
  • “Pay Me Now or Pay Me (Much More) Later: The Practice of Avoidance in Planning for Catastrophic Events,” 43 Zoning and Planning Law Report 2 (2020)
  • “In the Knick of Time: The Supreme Court Provides Direct Relief to Takings Claimants,” 42 Zoning and Planning Law Report 9 (2019)
  • “Climate Change and Oregon Law: What Is to be Done?,” 42 State and Local News10 (2019)
  • “The Farmer’s Dilemma: Issues of Public Use and Valuation in the Acquisition of Rural Lands for Urban Uses by Eminent Domain” (forthcoming, 2018, Zoning and Planning Law Report)”
  • “The Slow Evolution of Energy Planning – One State’s Experience,” 40 Zoning and Planning Law Report 3 (2017)
  • “Reconsidering the Land Use and Taxation Impacts of One Aspect of the “Sharing Economy” in the United States, 40 Zoning and Planning Law Report 7 (2017)
  • “When Will They Every Learn? -A Lament Over the Ohio Supreme Court Decision in Apple Group, Ltd Granger Township Board of Zoning Appeals. Zoning and Planning Law Report, Thompson Reuters, Volume 39, Issue 2, February (2016)
  • “Resolving Urban Land Disputes: Lessons from the Portland, Oregon” Region, 38 Zoning and Planning Law Report 8 (2015)
  • “Father Does Not Know Best: A Response to Justice Anderson’s Concurring Opinion in RDNT, LLC v. City of Bloomington” (with John Baker) 38 Zoning and Planning Law Report 9 (2015)
  • “Oregon’s 40-Year-Old Innovation,” Planning Magazine (February, 2013)
  • “Substantive Due Process and American Planning Law,” Journal of Planning and Environmental Law, (November 2012)
  • “Judicial Review of Land Use Decisions-Two Courts, Two States and Two Views,” Zoning and Planning Report, 34, No.7, (July/August 2011)
  • “Protecting Our Farmlands: Lessons from Oregon 1961-2009” (with Ronald Eber) 62 Planning and Environmental Law, No. 5 (2010)
  • “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, 2, (Winter 2009)
  • “Due Process in Local Land Use Decision Making: Is the Imperfect Way of Doing Business Good Enough or Should We Radically Reform It?” (with Professor Michael Asimow and Dwight H. Merriam, 29 Zoning and Planning Law Report No. 1 (2006)
  • “Oregon’s Measure 37 - Crisis and Opportunity for Planning,” 57 Journal of Planning & Environmental Law, 3, (2005)
  • “Too Clever for Words: The Demise of Oregon’s Measure 7,” Land Use Law and Zoning Digest, (2002)
  • “Measure 7 and the Politics of Land-Use Planning in Oregon,” Land Use Law & Zoning Digest, June 2001
  • “Future Imperfect,” Oregon Planners’ Journal (January/February 2000)
  • “LUBA Overturns Metro’s Urban Reserve Designations” Oregon Planners’ Journal (May/June 1999)
  • “A Brief History of the Takings Clause, Washington University School of Law Collection of Law Review Articles, 1995 at law.wustl.edu/landuselaw/articles/brief—hx—taking.htm

 

RECENT DEVELOPMENTS IN COMPREHENSIVE PLANNING ARTICLES

 

  • “Recent Developments in Comprehensive Planning (2016),” (with Jennifer Bragar) 49 Urban Lawyer 521 (2017).
  • “Recent Developments in Comprehensive Planning (2015),” (with Jennifer Bragar) 48 Urban Lawyer 615 (2016).
  • “Recent Developments in Comprehensive Planning (2015),” (with Jennifer Bragar) 47 Urban Lawyer 457 (2016)
  • “Recent Developments in Comprehensive Planning (2014),” (with Jennifer Bragar) 46 Urban Lawyer 685 (2015)
  • “Recent Developments in Comprehensive Planning (2013),” (with Jennifer Bragar) 45 Urban Lawyer 727 (2013)
  • “Recent Developments in Comprehensive Planning (2012),” (with Jennifer Bragar) 44 Urban Lawyer 615 (2012), reprinted in At the Cutting Edge 2012 (Merriam, ed.) 2012
  • “Recent Developments in Comprehensive Planning Law (2011)” Summer 2011
  • “Recent Developments in Comprehensive Planning Law” (2010), 43 Urban Lawyer 823 (2011), reprinted in At the Cutting Edge (Merriam, ed.) 2010
  • “Recent Developments in Comprehensive Planning (2009),” 42 Urban Lawyer 665 (2010)
  • “Recent Developments in Comprehensive Planning Law” (2008), 41 Urban Lawyer 547 (2009), reprinted in At the Cutting Edge 2009, (Merriam, ed.) (2009)
  • “Recent Developments in Comprehensive Planning (2007),” 40 Urban Lawyer 549 (2008)
  • “Recent Developments in Comprehensive Planning (2006),” 39 Urban Lawyer 681 (2007)
  • “Recent Developments in Comprehensive Planning (2005),” 38 Urban Lawyer 685 (2006)
  • “Recent Developments in Comprehensive Planning (2004),” 37 Urban Lawyer 595 (2005)
  • “Recent Developments in Comprehensive Planning (2003),” 36 Urban Lawyer 541(2004)
  • “Recent Developments in Comprehensive Planning (2001),” 34 Urban Lawyer 945 (2002)
  • “Recent Developments in Comprehensive Planning Law (2000), 33 Urban Lawyer 713 (2001) reprinted in Hot Topics in Land Use Law (Salkin and Frielich eds.) 2000
  • “The Evolving Role of the Comprehensive Plan,” (1999) 32 Urban Lawyer 813 (2000), reprinted in Hot Topics in Land Use Law, American Bar Association Section of State and Local Government Law (1999)
  • “The Role of the Comprehensive Plan,” (1998) 31 Urban Lawyer 915 (1999)
  • “The Evolving Role of the Comprehensive Plan,” (1997) 30 Urban Lawyer 699 (1998)
  • “The Evolving Role of the Comprehensive Plan,” (1996) 29 Urban Lawyer 363 (1997)
  • “Comprehensive Planning and Growth Management” (1995) 28 Urban Lawyer 819 (1996)
  • “Comprehensive Planning and Growth Management” (1994) 27 Urban Lawyer 781 (1995)
  • “The Plan as Law” (1993), 26 Urban Lawyer 753 (1994)
  • “The Plan as Law” (1992), 25 Urban Lawyer 869 (1993)
  • “The Plan as Law” (1991), 24 Urban Lawyer 881 (1992)
  • “The Plan as Law” (1990), 23 Urban Lawyer 845 (1991)

 

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, 2007-2015; Administrative Law, 2011-2015
  • Award of Recognition, Oregon City Attorneys Association, May 4, 2012
  • Named by peers as a “Super Lawyer” in Oregon Super Lawyers magazine, 2006-2014; named among the Top 50 Oregon Super Lawyers, 2007-2013; 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 Business Journal, 2005
  • Martindale-Hubbell AV/5.0 Peer Review Rated (2014)
  • Jefferson B. Fordham Lifetime Achievement Award, American Bar Association Section of State and Local Government Law
  • Dallaire Public Service Award, Garvey Schubert Barer
  • Joseph J. Mulligan Jr. Distinguished Public Service Award, International Municipal Attorneys Association, 2014
  • Career Achievement Award, Oregon Chapter, American Planning Association

 

Previous Courses:

Land Use Planning - Fall, 1989 - 2016, 2017, 2018, 2019, 2020, 2021

Specialty Areas and Course Descriptions

Land Use Planning - Fall 2022