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FISH & WILDLIFE DEPT. v. LAND CONSERV., ETC.

CA No. 10171; SC No. 26018.

603 P.2d 1371 (1979)

FISH AND WILDLIFE DEPARTMENT, John R. Donaldson, Director, Respondent, 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; Respondents, John Leason, Petitioner.

Supreme Court of Oregon, In Banc.

Decided December 18, 1979.

Attorney(s) appearing for the Case

John Wiley Gould of Spears, Lubersky, Campbell & Bledsoe, Portland, argued the cause and filed the petition and brief for petitioner.

Jennifer J. Johnson, Portland, argued the cause for respondent Fish and Wildlife Dept. With her on the brief were Gregory R. Mowe, Stephen T. Janik and Davies, Biggs, Strayer, Stoel & Boley, Sp. Asst. Attys. Gen., Portland.

James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem, for respondents Oregon 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 Oregon Land Conservation and Development Department, Wes Kvarstan, Director.

Louis L. Selken, Dist. Atty., and William E. McCann, Deputy Dist. Atty., Bend, for respondent Deschutes County.

HOLMAN, Justice.

The Department of Fish and Wildlife (herein the department) petitioned the Land Conservation and Development Commission (LCDC) to review approval of a plat by the Planning Commission of Deschutes County (the planning commission). The department contended that the planning commission's decision did not comply with LCDC Statewide Goal No. 5. The department had argued vigorously before the planning commission against approval of the plat but had not...

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