N.W. ENVIR. DEF. CENTER v. MID-WILLAMETTE VAL. AIR POLL. AUTH.


519 P.2d 1271 (1974)

NORTHWEST ENVIRONMENTAL DEFENSE CENTER, an Oregon Nonprofit Corporation et al., Appellants, v. MID-WILLAMETTE VALLEY AIR POLLUTION AUTHORITY ET AL., Respondents.

Court of Appeals of Oregon.

Decided March 18, 1974.

Rehearing Denied April 24, 1974.

Review Denied May 21, 1974.


Attorney(s) appearing for the Case

William F. Martson, Jr., Portland, argued the cause for appellants. With him on the briefs was Jeffrey Michael Alden, Portland.

Cecil H. Quesseth, Salem, argued the cause and filed the brief for respondent.

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


SCHWAB, Chief Judge.

On this appeal from an order dismissing a petition for writ of review, two questions are presented. (1) When a governmental agency and a citizen disagree on whether the agency must conduct a contested case hearing before taking action, what is the proper court in which to resolve such a dispute? (2) When an agency plans to issue a permit, must the agency grant a contested case hearing to citizens who favor or oppose the issuance of the permit...

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