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JACKSON COUNTY v. BEAR CREEK VALLEY, ETC.

No. LUBA No. 80-090; CA 19535.

632 P.2d 1349 (1981)

53 Or.App. 823

JACKSON COUNTY, Oregon, a Political Subdivision of the State of Oregon, City of Ashland, Oregon, League of Women Voters of Ashland, Citizens for a Livable Future, and League of Women Voters of the Rogue Valley, Petitioners, v. BEAR CREEK VALLEY SANITARY AUTHORITY, Respondent.

Court of Appeals of Oregon.

Decided September 8, 1981.

Attorney(s) appearing for the Case

John L. DuBay, County Counsel, Medford, argued the cause and filed the brief for petitioner Jackson County.

Robert E. Stacey, Jr., Portland, argued the cause and filed the brief for petitioners City of Ashland, Oregon, League of Women Voters of Ashland, Citizens for a Livable Future, and League of Women Voters of the Rogue Valley.

Manville M. Heisel, Medford, argued the cause and filed the brief for respondent.

Dave Frohnmayer, Atty. Gen., John McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and Mary J. Deits, Asst. Atty. Gen., Salem, filed a brief amicus curiae for Dept. of Land Conservation and Development.

Michael H. Arant, Medford, filed a brief amicus curiae for Sp. Districts Ass'n of Oregon.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

BUTTLER, Presiding Judge.

Petitioners seek judicial review of a determination by the Land Use Board of Appeals (LUBA), invalidating a portion of the comprehensive plan adopted by Jackson County. We reverse and remand.

In 1976, Bear Creek Valley Sanitary Authority (BCVSA), a sanitary district operating within Jackson County, adopted a comprehensive sewer plan. In 1978, Jackson County and BCVSA entered into a cooperative agreement providing that the parties...

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