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CLATSOP CTY. v. LAND CONSERVATION & DEV.

No. 102093; CA 15546, Nos. 104320-104322.

614 P.2d 612 (1980)

47 Or.App. 377

CLATSOP COUNTY, Hood River County and Lake County, Plaintiffs, Tillamook County, Lincoln County, Douglas County, Curry County, Columbia County, City of Coos Bay, City of Port Orford, City of Gold Beach, City of Brookings, Port of Coos Bay, Port of Siuslaw, Port of Brookings, Port of Gold Beach, Port of Nehalem, Curry County Soil & Water Conservation District and Crook County Soil & Water Conservation District, Appellants, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Land Conservation and Development Department, John D. Mosser, Richard Gervais, Dorothy Anderson, Lorin Jacobs, J.W. "Bud" Forrester, Jr., Jim Smart, Ann Squier and Wesley J. Kvarsten, Respondents. William Bales and Otto George Neuman, Appellants, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Land Conservation and Development Department, John D. Mosser, Richard Gervais, Dorothy Anderson, Lorin Jacobs, J.W. "Bud" Forrester, Jr., Jim Smart, Ann Squier and Wesley J. Kvarsten, Respondents. John C. Webber and Donald J. McIntosh, Appellants, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Land Conservation and Development Department, John D. Mosser, Richard Gervais, Dorothy Anderson, Lorin Jacobs, J.W. "Bud" Forrester, Jr., Jim Smart, Ann Squier and Wesley J. Kvarsten, Respondents. Keith M. Clark, Appellant, v. Land Conservation and Development Commission, Land Conservation and Development Department, John D. Mosser, Richard Gervais, Dorothy Anderson, Lorin Jacobs, J.W. "Bud" Forrester, Jr., Jim Smart, Ann Squier and Wesley J. Kvarsten, Respondents.

Court of Appeals of Oregon.

Decided July 28, 1980.

Attorney(s) appearing for the Case

Frank M. Parisi, Portland, argued the cause for appellants Tillamook County, Lincoln County, Douglas County, Curry County, Columbia County, City of Coos Bay, City of Port Orford, City of Gold Beach, City of Brookings, Port of Coos Bay, Port of Siuslaw, Port of Brookings, Port of Gold Beach, Port of Nehalem, Curry County Soil & Water Conservation Dist. and Crook County Soil & Water Conservation Dist. With him on the briefs were George L. Kirklin, Michael J. Lilly and Spears, Lubersky, Campbell & Bledsoe, Portland.

Earl H. Mickelsen, Portland, argued the cause and filed the brief for appellants William Bales, Otto George Neuman, John C. Webber, Donald J. McIntosh and Keith M. Clark.

Frank W. Ostrander, 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 JOSEPH, P.J., SCHWAB, C.J., and WARDEN and WARREN, JJ.

SCHWAB, Chief Judge.

Plaintiffs initiated this declaratory judgment proceeding seeking a declaration that the statewide land use planning program violates the state and federal constitutions.1 Plaintiff's complaint alleges that both the state statutes creating that program, ORS ch. 197, and the statewide planning goals adopted by the Land Conservation and Development Commission pursuant to those statutes are unconstitutional.

Defendants...

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