INTERN. COUNCIL OF SHOPPING CENTERS v. OREGON ENVIRONMENTAL QUALITY COMMISSION

CA 5767.

597 P.2d 847 (1979)

41 Or.App. 161

International Council of Shopping Centers, Oregon State Homebuilders Association, Western Environmental Trade Association, Inc., Associated Floor Covering Contractors, Asphalt Pavement Association of Oregon, Washington Square, Inc., Petitioners, v. OREGON ENVIRONMENTAL QUALITY COMMISSION, Joe B. Richards, Dr. Morris Crothers, Dr. Grace S. Phinney, Jacklyn L. Hallock, Ronald M. Somers, Commissioners, Oregon Department of Environmental Quality and Loren "Bud" Kramer, Director, Oregon Department of Environmental Quality, Respondents.

Court of Appeals of Oregon.

Decided July 16, 1979.


Attorney(s) appearing for the Case

Bruce H. Anderson, Eugene, argued the cause for petitioners. With him on the briefs were Douglas M. DuPriest, Coons & Anderson, Eugene, Davies, Biggs, Strayer, Stoel & Boley, Richard E. Alexander, Williams, Stark, Hiefield, Norville & Griffin, P.C., and Preston C. Hiefield, Jr., Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

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


JOSEPH, Judge.

This case is before us on a petition for review of the validity of certain administrative rules1 under ORS 183.400.2 We issued an earlier opinion in this case, denying petitioners' motion to compel respondents to supplement the record. Int'l Cncl. Shopping Cntrs. v. Env. Quality Comm., 27 Or.App. 321, 556 P.2d 138...

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