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1000 FRIENDS OF OR. v. LAND CONSERVATION, ETC.

No. 76-004; CA 10505, No. 77-004; CA 10242.

591 P.2d 387 (1979)

39 Or.App. 55

1000 FRIENDS OF OREGON, an Oregon Nonprofit Corporation, and Walter Van Eck, George Drewelow, Ruth Drewelow and Walter Morey, Petitioners, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION AND DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Wesley J. Kvarsten, Director, City of Wilsonville, and Wilsonville Chamber of Commerce, Respondents. 1000 Friends of Oregon, the Assumed Name of Oregon Land Use Project, Inc., an Oregon Non-Profit Corporation, the Oregon Environmental Council, John Burris, Lorraine Burris, Loretta LaBahn, Walter LaBahan, Marie Reeder, Bruce Weber, and Virginia Weber, Petitioners, v. Land Conservation and Development Commission and Department of Land Conservation and Development, Wesley J. Kvarsten, Director, Columbia Region Association of Governments, Home Builders Association of Metropolitan Portland, Inc., and Land Development and Housing Resources Corporation, Respondents.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Robert E. Stacey, Jr., Portland, argued the cause and filed the briefs for petitioners.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for respondent Land Conservation and Development Com'n and Dept. of Land Conservation and Development, Wesley J. Kvarsten, Director. With him on the briefs were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Wade P. Bettis, Canby, argued the cause for respondent City of Wilsonville and Wilsonville Chamber of Commerce. With him on the brief were R. Roger Reif and Bettis & Reif, Canby.

E. Andrew Jordan, Jr., Portland, argued the cause and filed the brief for respondent Columbia Region Ass'n of Governments.

Terry D. Morgan, Portland, argued the cause and filed the brief for respondent Land Development and Housing Resources Corp.

John Wiley Gould, Portland, waived appearance for respondent Home Builders Ass'n of Metropolitan Portland, Inc.

Michael B. Huston, Salem, James M. Mattis and Edwin Caleb, Law Student, Eugene, filed a brief amicus curiae on behalf of the League of Oregon Cities.

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

TANZER, Judge.

Petitioners initiated these two contested case proceedings (consolidated for review) to challenge portions of two orders of the Land Conservation and Development Commission (LCDC) which express a policy that all land within lawfully established city boundaries shall be classified as urban or urbanizable and therefore exempt from the agricultural lands goal (Goal 3) and certain portions of the urbanization goal (Goal 14) relating to the establishment...

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