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WEST SIDE SAN. DIST. v. LAND CONSER., ETC.

CA 14533; SC 26779.

614 P.2d 1148 (1980)

289 Or. 409

WEST SIDE SANITARY DISTRICT, a Special District in Klamath County, Oregon, Petitioner, v. THE LAND CONSERVATION AND DEVELOPMENT COMMISSION, and Health Division of the Department of Human Resources of the State of Oregon; Kristine Gebbie, Assistant Director Thereof; Environmental Quality Commission of the State of Oregon and the City of Klamath Falls, an Incorporated City in Klamath County, Oregon, Respondents.

Supreme Court of Oregon.

Decided July 23, 1980.

Attorney(s) appearing for the Case

E.R. Bashaw, Medford, and Steven P. Couch, Klamath Falls, argued the cause and filed briefs for petitioner.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondents Land Conservation and Development Commission, and Health Division of the Dept. of Human Resources of the State of Oregon; Kristine Gebbie, Assistant Director of Health thereof; and Environmental Quality Commission of the State of Oregon. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

B.J. Matzen, City Atty., Klamath Falls, argued the cause and filed a brief for respondent City of Klamath Falls.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT and PETERSON, JJ.

HOWELL, Justice.

This is the third of four related cases decided this date presenting questions concerning the compulsory annexation of a territory to remove a danger to public health. The instant case arises from a petition to the Land Conservation and Development Commission (LCDC), requesting that LCDC review the certification of the Environmental Quality Commission (EQC), issued pursuant to ORS 222.898, which approves the plan submitted by the City of Klamath Falls...

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