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MARION CTY. v. STATE, LAND CONSERV. & DIV. COM.

No. 100019; CA 9218.

582 P.2d 17 (1978)

35 Or.App. 443

MARION COUNTY, a Political Subdivision of the State of Oregon, Respondent, v. THE STATE OF OREGON BY AND THROUGH THE LAND CONSERVATION AND DEVELOPMENT COMMISSION AND ITS LAND CONSERVATION AND DEVELOPMENT DEPARTMENT, Appellant, v. 1000 Friends of Oregon, the Assumed Name of Oregon Land Use Project, Inc., an Oregon Non-Profit Corporation and Charles H. Frady and Marlene M. Frady, Intervenors-Appellants.

Court of Appeals of Oregon.

Decided August 1, 1978.

Attorney(s) appearing for the Case

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and Peter S. Herman, Senior Counsel, Salem.

Robert E. Stacey, Jr., Portland, filed a brief for intervenors-appellants.

Richard T. Ligon, Marion County Asst. Legal Counsel, Salem, argued the cause for respondent. With him on the brief was Frank C. McKinney, Marion County Legal Counsel, Salem.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

THORNTON, Judge.

The sole issue presented in this appeal is whether the circuit court had jurisdiction to review in a declaratory judgment proceeding orders issued by the Land Conservation and Development Commission (LCDC) with respect to a review proceeding which LCDC conducted pursuant to ORS 197.300(1)(d).1

Briefly, the facts are as follows:

On June 10, 1975, the Marion County...

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