FISH AND WILDLIFE DEPT. v. LAND CONSERVATION

LCDC No. 77-017; CA 10172 and LCDC No. 77-022; CA 10171.

588 P.2d 80 (1978)

37 Or.App. 607

FISH AND WILDLIFE DEPARTMENT, John R. Donaldson, Director, Petitioner, v. LAND CONSERVATION and Development Commission, Dorothy Anderson, J.W. Forrester, Dick Gervais, Lorin Jacobs, John Mosser, James Smart, Anne Squier and Dennis Fuller, in Their Capacity As Members of the Oregon Land Conservation and Development Commission, Land Conservation and Development Department, Wes Kvarstan, Director, Deschutes County, Sun Country Land & Cattle Company, an Oregon Corporation, George E. Wright and Lois L. Wright, Husband and Wife, Brooks Resources Corporation, an Oregon Corporation, and Lelco, Inc., an Oregon Corporation, Respondents. Fish and Wildlife Department, John R. Donaldson, Director, Petitioner, v. Land Conservation and Development Commission, Dorothy Anderson, J.W. Forrester, Dick Gervais, Lorin Jacobs, John Mosser, James Smart, Anne Squier and Dennis Fuller, in Their Capacity As Members of the Oregon Land Conservation and Development Commission, Land Conservation and Development Department, Wes Kvarstan, Director, Deschutes County, and John Leason, Respondents. (Cases Consolidated)

Court of Appeals of Oregon.

Decided December 18, 1978.


Attorney(s) appearing for the Case

Gregory R. Mowe, Portland, argued the cause for petitioner. With him on the briefs were Stephen T. Janik, Jennifer J. Johnson, and Davies, Biggs, Strayer, Stoel & Boley, Portland.

James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem, attorneys for respondents Land Conservation and Development Commission, Dorothy Anderson, J.W. Forrester, Dick Gervais, Lorin Jacobs, John Mosser, James Smart, Anne Squier and Dennis Fuller, in their capacity as members of the Oregon Land Conservation and Development Commission, and Land Conservation and Development Department, Wes Kvarstan, Director, joined in portions of the respondents' briefs.

William E. McCann, Deputy Dist. Atty., Bend, argued the cause for respondent Deschutes County. Louis L. Selken, Dist. Atty., and William E. McCann, Deputy Dist. Atty., Bend, attorneys for respondent Deschutes County, joined in portions of the respondents' briefs.

Donald McCallum, P.C., Bend, argued the cause and filed the brief for respondents Sun Country Land & Cattle Company, an Oregon corporation, and George E. Wright and Lois L. Wright.

Robert S. Lovlien, Bend, argued the cause for respondents Brooks Resources Corporation, an Oregon corporation, and Lelco, Inc., an Oregon corporation. With him on the briefs was Gray, Fancher, Holmes & Hurley, Bend.

John W. Gould, Portland, argued the cause for respondent John Leason. With him on the brief was Dezendorf, Spears, Lubersky & Campbell, Portland.

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


BUTTLER, Judge.

Petitioner Oregon Department of Fish and Wildlife (Department) appeals from two orders of the Land Conservation and Development Commission (LCDC) which dismissed the Department's Petitions for Review on the ground that the Department failed to exhaust its "administrative remedies." The cases were consolidated for the purposes of this appeal.

The Department petitioned LCDC to review the approval by the Board of County Commissioners of Deschutes...

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