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PETERSEN v. MAYOR ETC. CITY OF KLAMATH FALLS

566 P.2d 1193 (1977)

279 Or. 249

David H. PETERSEN, Joe H. Wright, and Lewis J. Ansell, Petitioners, v. MAYOR AND COUNCIL OF THE CITY OF KLAMATH FALLS, Alan W. Bowker, Melvin L. Stewart, Everett L. Leach, and Wayne M. Cole, Respondents.

Supreme Court of Oregon, In Banc.

Decided July 20, 1977.

Attorney(s) appearing for the Case

Henry R. Richmond, III, Portland, argued the cause and filed a brief for petitioners.

B.J. Matzen, Klamath Falls, argued the cause for respondents Mayor and Council of City of Klamath Falls; William P. Brandsness, Klamath Falls, argued the cause for respondents Bowker and Stewart.

No appearance by Blair Henderson, Klamath Falls, for respondents Leach and Cole.

William P. Hutchison, Jr., Portland, filed an amicus curiae brief for Northwest Environmental Defense Center. James A. Redden, Atty. Gen., Peter S. Herman, Senior Counsel, W. Michael Gillette, Solicitor Gen., and Al J. Laue, Asst. Atty. Gen., Salem, filed an amicus curiae brief for Land Conservation and Development Commission.

HOWELL, Justice.

This is a petition for review of a decision of the Court of Appeals (27 Or.App. 225, 555 P.2d 801 (1976)), which held that ORS 197.175(1) did not apply to city annexations and, therefore, that the City of Klamath Falls was not required to consider the statewide land use planning goals of ORS 215.515 and was not required to comply with the procedural requirements of Fasano v...

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