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METRO. SER., ETC. v. DEPT. OF ENVIR. Q., ETC.

558 P.2d 1264 (1977)

28 Or.App. 113

METROPOLITAN SERVICE DISTRICT OF PORTLAND, Oregon, an Oregon Municipal Corporation, Respondent, v. THE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR THE STATE OF OREGON, Appellant.

Court of Appeals of Oregon.

Decided January 17, 1977.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Raymond P. Underwood, Asst. Atty. Gen., Salem.

John R. Faust, Jr., Portland, argued the cause for respondent. On the brief were Hardy, Buttler, McEwen, Weiss & Newman and Dean P. Gisvold, Portland.

C.W. Leichner and Buss, Leichner, Barker & Nesting, Portland, filed a brief amicus curiae.

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

THORNTON, Judge.

Defendant Department of Environmental Quality (DEQ) appeals from a determination in favor of plaintiff Metropolitan Service District of Portland, Oregon (MSD) in a statement of controversy proceeding (ORS ch. 27). The controversy was framed by a jointly filed statement of the case which summarized the positions of the parties as follows:

"1. Plaintiff [MSD] is a municipal corporation, organized and existing under the provisions of ORS Chapter...

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