Edward J. Sullivan

Owner - Portland

Martindale-Hubbell Peer Review Rated

esullivan@gsblaw.com

503.553.3106 Tel

503.226.0259 Fax

Edward Sullivan concentrates his legal practice in matters involving planning, administrative and municipal law. He is frequently involved in major land use controversies in Oregon, acting on behalf of appellants, opponents or public entities.

Mr. Sullivan has been in private practice since 1978 and is currently city attorney for the cities of Oregon City, Island City and Rivergrove and acts as special counsel for other local governments. 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.

Professional Activities

Board Member, Oregon Chapter of the American Planning Association; Chair, Legislative and Policy Affairs Committee, 2000-2010
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, 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-present; Member and Vice-Chair, Land Use Committee, 2002-2003; Chair, Subcommittee on Comprehensive Planning and Urban Growth, 2002-2005
Chair, Housing Land Alliance, 2004-2009
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, 1980-2000; Oregon Land Use Law, 2000-present
Instructor, Planning Law, Lewis &Clark Law School, 1987-present
Instructor, Planning Law, Willamette University, 1984-1988

Community Activities

Chair, Parish Council, St. Patrick's Catholic Parish, Portland, 1984-2009
President, Oxford and Cambridge Society of Oregon, 1984-2008

Publications

"Coming Affordable Housing Challenges for Municipalities After the Great Recession," Journal of Affordable Housing and Community Development, Vol. 21, No. 3&4, 2013.
"Substantive Due Process and American Planning Law," Journal of Planning and Environmental Law, November 2012.
"An Economic Analysis of the Competing Viewpoints in Oregon Land-Use Regulation," 9 U. S.—China L. Rev. 230, 2012.
"Recent Developments in Comprehensive Planning," Urban Lawyer, Vol. 44, No. 3 Summer 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.
"Recent Developments in Comprehensive Planning Law," The Urban Lawyer, Vol. 43, No. 3 Summer 2011.
"Judicial Review of Land Use Decisions-Two Courts, Two States and Two Views," Zoning and Planning Report, Vol. 34, No.7, July/August 2011.
"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," The Daily Journal of Commerce, 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, 2010.
"RLUIPA Issues Continue to Pop Up, 10 Years Later," The Daily Journal of Commerce, June 10, 2010
"The Augean Stables: Measure 49 and the Herculean Task of Correcting an Improvident Initiative Measure in Oregon," 46 Willamette L. Rev. 577, 2010.
"Impact of Measure 49 Still Hazy," Daily Journal of Commerce - Oregon, December 9, 2009.
"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 2009.
"The Long and Winding Road: Farmland Protection in Oregon 1961-2009," 18 San Joaquin Ag. L. Rev. 1, 2009.
"Group is Content to Accept Climate Change," Daily Journal of Commerce - Oregon, November 11, 2009.
"Once More Unto the Breach, Dear Friends," Daily Journal of Commerce - Oregon, October 7, 2009.
"Beach Dispute Heads for Highest Court," Daily Journal of Commerce - Oregon, September 9, 2009.
"Getting to the Blight of the Matter," Daily Journal of Commerce - Oregon, August 12, 2009.
"Little Done with Task Force's Recommendations," Daily Journal of Commerce - Oregon, July 8, 2009.
"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, 2008.
"Year Zero: The Aftermath of Measure 37," 36 Environmental Law 131, 2006.
"Answered Prayers: The Dilemma of Binding Plans," Planning Reform in the New Century, Mandelker, ed., Planner's Press, 2005.
"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.
"Oregon's Measure 37 - Crisis and Opportunity for Planning," 57 Journal of Planning & Environmental Law, No. 3, 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," 35 Urban Lawyer 1, Winter 2003.
"Making It Up - 'Original Intent' and Federal Takings Jurisprudence," 35 Urban Lawyer 1, Winter 2003.
"Too Clever for Words: The Demise of Oregon's Measure 7," Land Use Law and Zoning Digest , 2002.
"The Return of the Platonic Guardians: Nollan and Dolan and the First Prong of Agins," 34 Urban Lawyer 39, 2002.
"Out of the Chaos: Towards a National System of Land Use Procedures," 34 Urban Lawyer 449, 2002.
"Of Emperors and Clothes: The Genealogyand Operations of the Agins' Test," 33 Urban Lawyer 343, 2001.
"Measure 7 and the Politics of Land-Use Planning in Oregon," Land Use Law & Zoning Digest, June 2001.
"The Rise of Reason in Planning Law: Professor Mandelker and the Relationship of the Comprehensive Plan in Land Use," 3 J.Law & Policy 323, 2000.
"Reviewing the Reviewer: The Impact of the Land Use Board of Appeals on the Oregon Land Use Program 1979-1999," Willamette Law Review, 2000.
"Review on the Record Below," How to Litigate a Land Use Case (Larry J. Smith, ed.) American Bar Association, 1999.
"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, 1999.
"Remarks to University of Oregon's Symposium Marking the Twenty-Fifth Anniversary of S.B. 100," 77 Oregon Law Review 3, 1998.
"Dolan and Municipal Risk Assessment," 12 J.Law Env. Pol. 1, 1997.
"Substantive Due Process Resurrected Through the Takings Clause: Nollan, Dolan and Ehrlich," 25 Environmental Law 155, 1995.
"The Legal Evolution of the Oregon Planning System," in Planning the Oregon Way (Abbott, Howe, and Alder, eds.) Oregon State University Press, 1994.
"Oregon Blazes a Trail," State & Regional Comprehensive Planning (Buschsbaum and Smith, eds.) American Bar Association, 1993.
"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.
"Araby Revisited: The Evolving Concept of Procedural Due Process Before Land Use Regulatory Bodies," 15 Santa Clara Lawyer 50, 1974.
"From Kroner to Fasano: An Analysis of Judicial Review of Land Use Regulation in Oregon," 10 Willamette Law Journal 358, 1974.
"The Greening of the Taxpayer: The Relationship of Farm Zone Taxation in Oregon to Land Use," 9 Willamette Law Journal 1, 1973.
"Suburbia Lost - Constitutional and Other Challenges Regarding the Municipal Income Tax of Non-Residents," 5 Willamette Law Journal 295, 1968.

Professionals