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McEWEN v. CLACKAMAS COUNTY BD. OF COM'RS

576 P.2d 799 (1978)

33 Or.App. 321

Richard Theodore McEwen, Alan C. Deardorff, and Lorena G. Deardorff, Appellants, v. CLACKAMAS COUNTY BOARD OF COMMISSIONERS AND CITY OF MOLALLA, Respondents.

Court of Appeals of Oregon.

Decided April 3, 1978.

Attorney(s) appearing for the Case

Walter T. Aho, Molalla, argued the cause and filed the brief for appellants.

Scott H. Parker, Clackamas County Counsel, Oregon City, argued the cause and filed the brief for respondent Clackamas County Board of Commissioners.

Gordon H. Price, Molalla, argued the cause and filed the brief for respondent City of Molalla.

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

SCHWAB, Chief Judge.

This is a writ of review proceeding challenging the action of the Clackamas County Board of Commissioners (the Board) granting a request by the City of Molalla for an Unzoned Area Development Permit allowing for construction of a municipal sewage treatment facility. The circuit court affirmed the order of the Board granting the permit request.

Plaintiffs contend for the first time in their brief on appeal that the Board failed to make...

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