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STATE HOUSING COUNCIL v. CITY OF LAKE OSWEGO

No. 78-030; CA 15395.

617 P.2d 655 (1980)

48 Or.App. 525

STATE HOUSING COUNCIL, and 1000 Friends of Oregon, Petitioners-Cross-Respondents, v. CITY OF LAKE OSWEGO, Respondent-Cross-Petitioner, Land Conservation and Development Commission, Department of Land Conservation and Development, W.J. Kvarsten, Director, City of Beaverton, City of Milwaukie and City of Gresham, Respondents.

Court of Appeals of Oregon.

Decided October 6, 1980.

Attorney(s) appearing for the Case

Mark J. Greenfield, Portland, argued the cause for petitioners-cross-respondents State Housing Council and 1000 Friends of Oregon. With him on the briefs was Robert E. Stacey, Jr., Portland.

James M. Coleman, City Atty., Lake Oswego, argued the cause and filed the briefs for respondent-cross-petitioner City of Lake Oswego.

Mary J. Deits, Asst. Atty. Gen., Salem, argued the cause for respondent Land Conservation and Development Commission and Dept. of Land Conservation and Development. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Eleanore S. Baxendale, Asst. City Atty., Beaverton, argued the cause and filed the brief for respondent City of Beaverton.

Greg Eades, City Atty., Milwaukie, waived appearance for respondent City of Milwaukie.

Thomas Sponsler, City Atty., Gresham, waived appearance for respondent City of Gresham.

Before SCHWAB, C.J., and JOSEPH, WARDEN and WARREN, JJ.

SCHWAB, Chief Judge.

The issue is the jurisdiction of the Land Conservation and Development Commission to review local government taxation and budget ordinances for compliance with the statewide planning goals. We hold that LCDC does not have such jurisdiction.

The State Housing Council initiated this proceeding before LCDC, contending that the City of Lake Oswego did not consider or comply with the statewide planning goals in adopting Ordinance No. 1706....

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