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MAZAMA TIMBER PROD. v. LANE REG AIR POL. AUTH

521 P.2d 1315 (1974)

MAZAMA TIMBER PRODUCTS, Inc., a Corporation, Petitioner, v. LANE REGIONAL AIR POLLUTION AUTHORITY, Respondent. R.D.I., Inc., Dba Cress-Ply Co., a Corporation, Petitioner, v. Lane Regional Air Pollution Authority, Respondent.

Court of Appeals of Oregon.

Decided April 29, 1974.

Rehearing Denied June 6, 1974.

Review Denied June 11, 1974.

Attorney(s) appearing for the Case

Laurence E. Thorp, Springfield, argued the cause for petitioners. With him on the briefs was Sanders, Lively & Wiswall, Springfield.

Joe B. Richards, Eugene, argued the cause for respondent. With him on the brief was Luvaas, Cobb, Richards & Fraser, Eugene.

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

TANZER, Judge.

These petitions for judicial review challenge the constitutionality of former ORS 449.973(3)1 which set out the procedure by which a regional air pollution authority could collect civil penalties imposed by it for violation of its regulations:

"(3) The final order of the commission or regional authority under ORS 449.967 to 449.973, 449.980 and 449.993 shall, unless the amount of the penalty is paid within 10 days...

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