LEAGUE OF WOMEN VOTERS OF CENTRAL LANE CTY v. LANE CTY. LOCAL GOVERNMENT BOUNDARY COMMISSION


573 P.2d 1255 (1978)

32 Or.App. 53

LEAGUE OF WOMEN VOTERS of Central Lane County, a Non-Profit Corporation, Oregon League of Women Voters, a Non-Profit Corporation, and Annabel Kitzhaber, Appellants, v. LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION, an Oregon State Agency, Breeden Bros. Associates, Inc., an Oregon Corporation, Garland D. Hunter, Jr., Kathy Moulton, James E. Gant, Roger Hannum, Robert L. Merz, H. Charles Milliman, Glen P. Porter, John Carlson, Fred Long, Commission Members; and Diane Nechak, Commission Staff Consultant, Respondents.

Court of Appeals of Oregon.

Reargued and Submitted December 15, 1977.

Decided January 16, 1978.


Attorney(s) appearing for the Case

Robert E. Stacey, Jr., Portland, argued the cause for appellants. With him on the appellants' brief were Gardner & Honsowetz, P.C., and Allen L. Johnson, Eugene. On the appellants' reply brief were Gardner & Honsowetz, P.C., and Allen L. Johnson, Eugene.

Peter S. Herman, Senior Counsel, Salem, argued the cause for respondents Lane County Local Government Boundary Commission and members. On the respondents' brief were Lee Johnson, former Atty. Gen., W. Michael Gillette, former Sol. Gen., and Al J. Laue, former Asst. Atty. Gen., Salem. On the supplemental respondents' brief were James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., Peter S. Herman, Senior Counsel, Michael D. Reynolds, and Frank W. Ostrander, Jr., Asst. Attys. Gen., Salem.

Richard W. Cleveland, Eugene, argued the cause for respondent Breeden Bros. Associates, Inc. With him on the brief were Robinette & Cleveland, Kaye C. Robinette and David B. Williams, Eugene.

Before THORNTON, P.J., and TANZER and RICHARDSON, JJ.


THORNTON, Presiding Judge.

Petitioners seek reversal of a circuit court order dismissing their writ of review and affirming orders of respondent Lane County Local Government Boundary Commission which (a) approved the annexation of a 92-acre parcel of land known as Lynnbrook II to the Santa Clara Water District, and (b) approved the expansion of an adjacent sewer lagoon.

Petitioners, in their first assignment of error, assert that the trial court erred with...

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