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DINNEEN v. HEALTH DIVISION, DEPT. OF HUMAN RESOURCES

529 P.2d 932 (1974)

James C. DINNEEN, Petitioner, v. HEALTH DIVISION, DEPARTMENT OF HUMAN RESOURCES, and Subsurface Sewage Disposal Division, Department of Environmental Quality, Respondents.

Court of Appeals of Oregon.

Decided December 16, 1974.

Attorney(s) appearing for the Case

Vincent G. Ierulli, Portland, argued the cause for petitioner. With him on the brief were Franklin, Bennett, Ofelt & Jolles, P.C., Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

LANGTRY, Judge.

Petitioner appeals from a decision of the Administrator of the Oregon State Health Division which affirmed Multnomah County Division of Medical Services' denial of permission for petitioner to install a septic tank and drain field upon a specified part of an acreage where he planned construction of a residence.

The parties agree that the applicable Oregon State Health Division rule is:

"`(1) No standard subsurface sewage disposal system...

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