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WEST SIDE SAN. DIST. v. HEALTH DIV., ETC.

CA 13765; SC 26617.

614 P.2d 1151 (1980)

289 Or. 417

WEST SIDE SANITARY DISTRICT, a Special District in Klamath County, Oregon, and Julia Rodriguez, an Individual, Petitioners, v. HEALTH DIVISION OF THE DEPARTMENT OF HUMAN RESOURCES OF THE STATE OF OREGON, Kristine Gebbie, Assistant Director for Health, Thereof, and Environmental Quality Commission of the State of 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 petitioners.

Al J. Laue, 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.

B.J. Matzen, City Atty., Klamath Falls, also argued the cause for respondents.

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

HOWELL, Justice.

This is the fourth of four related cases decided this date presenting questions concerning the compulsory annexation of a territory by the City of Klamath Falls (City) to remove a danger to public health. The instant case arises from a petition for judicial review of the final order of the Environmental Quality Commission (EQC) certifying its approval of the City's plans for alleviating or removing the conditions causing a danger to public health...

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