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LAND RECLAMATION v. DEPT. OF ENV. QUALITY

No. 19-P-SW-NWR-79, CA 18457, SC 28075.

636 P.2d 933 (1981)

292 Or. 104

LAND RECLAMATION, Inc., Ralph Gilbert, and Western Enterprises, Inc., Petitioners, v. DEPARTMENT OF ENVIRONMENTAL QUALITY, William H. Young, Director, Respondents.

Supreme Court of Oregon, In Banc.

Decided December 2, 1981.

Attorney(s) appearing for the Case

Richard J. Brownstein, David J. Sweeney, and Gilbertson, Brownstein, Sweeney, Kerr & Grimm, Portland, for petitioners Ralph Gilbert and Western Pacific Enterprises, Inc.

Ronald A. Watson, Portland, for petitioner Land Reclamation, Inc.

David B. Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and Frank W. Ostrander, Jr. and Raymond P. Underwood, Asst. Attys. Gen., Salem, contra.

MEMORANDUM OPINION.

Petitioners petitioned for judicial review of an order denying their application for a solid waste disposal permit, ORS 429.205 et seq. The Court of Appeals spontaneously dismissed the petition for lack of jurisdiction on the ground that the administrative order was not final because the order stated that petitioners could reapply or renew their application with additional engineering data. 53 Or.App. 512

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