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WILLAMETTE UNIVERSITY v. LAND CONSERVATION

No. 77-014; CA 12934.

608 P.2d 1178 (1980)

45 Or.App. 355

WILLAMETTE UNIVERSITY, an Oregon Nonprofit Corporation; Edwin E. Cone and June E. Cone, Husband and Wife; Anita Summers and Breeden Land Co., an Oregon Partnership, Petitioners, v. LAND CONSERVATION and Development Commission, an Agency of the State of Oregon; Phyllis Sidney Herbert, Jan I. Wostmann, William B. Muir, Gerald H. Rust, Barbara Y. Bowerman, Tom Bowerman, George Arnis, Ardie Arnis, and Cynthia Wooten, Respondents, and City of Eugene, an Oregon Municipal Corporation, Respondent-Cross-Petitioner.

Court of Appeals of Oregon.

Decided March 24, 1980.

Attorney(s) appearing for the Case

Vernon D. Gleaves, Eugene, argued the cause for petitioners. With him on the briefs were Michael E. Farthing, and Butler, Husk, Gleaves & Swearingen, Eugene.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent Land Conservation and Development Commission, an agency of the State of Oregon.

Robert E. Stacey, Jr., Portland, 1000 Friends of Oregon, argued the cause and filed the brief for respondents Phyllis Sidney Herbert and Barbara Y. Bowerman.

No appearance for respondents Jan I. Wostmann, William B. Muir, Gerald H. Rust, Tom Bowerman, George Arnis, Ardie Arnis, and Cynthia Wooten.

John B. Arnold, Eugene, argued the cause for respondent-cross-petitioner City of Eugene. With him on the brief were Stanton F. Long, Timothy J. Sercombe, and Johnson, Harrang & Mercer, Eugene.

Before SCHWAB, C.J., and RICHARDSON and JOSEPH, JJ.

SCHWAB, Chief Judge.

This is an appeal from an order of the Land Conservation and Development Commission that upheld in part and invalidated in part a rezoning ordinance of the City of Eugene. The principal issues involve questions of LCDC's jurisdiction, petitioners' standing and whether all land within a city's limits is, before acknowledgement of the city's comprehensive plan, per se "urbanizable" within the meaning of the statewide planning goals.

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