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BAY RIVER, INC. v. ENVIRONMENTAL QUALITY COM'N

554 P.2d 620 (1976)

26 Or.App. 717

BAY RIVER, INC., an Oregon Corporation, Respondent-Cross-Appellant, v. The ENVIRONMENTAL QUALITY COMMISSION of Oregon et al., Appellants-Cross-Respondents, The Real Estate Division, Department of Commerce for the State of Oregon, et al., Defendants.

Court of Appeals of Oregon.

Decided September 13, 1976.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellants-cross-respondents. With him on the briefs were Lee Johnson, Atty. Gen. and Karen H. Green, Certified Law Student, Salem.

Desmond D. Connall, Portland, argued the cause for respondent-cross-appellant. With him on the brief was Diane W. Spies, Portland.

Donald M. Pach, Sacramento, Cal., Mark P. O'Donnell, Portland, Ronald A. Zumbrun, Sacramento, Cal., and Thomas E. Hookano, Pacific Legal Foundation, filed a brief amicus curiae on behalf of respondent.

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

SCHWAB, Chief Judge.

Defendants appeal from a decree of the circuit court directing the Department of Environmental Quality (DEQ) to issue to plaintiff Bay River Corporation subsurface sewage disposal permits for Bay River's planned Fairway Heights housing development in Lincoln County. The dispositive issue on appeal is the jurisdiction of the circuit court to entertain this suit.

I

As a precondition of obtaining county building permits for construction...

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