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COLUMBIA HILLS DEV. v. LAND CONS. & DEV.

No. 79-043; CA 17559, CA 17649 and CA 17867.

624 P.2d 157 (1981)

50 Or.App. 483

COLUMBIA HILLS DEVELOPMENT COMPANY ET AL., Petitioners, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Respondent, and 1000 Friends of Oregon, Intervenor-Respondents. Home Builders Association of Metropolitan Portland, Petitioner, v. CITY OF SCAPPOOSE, Land Conservation and Development Commission, Department of Land Conservation and Development, W.J. Kvarsten, Director, Publishers Paper Company, Crown Zellerbach, 1,000 Friends of Oregon, and Oregon State Department of Forestry, Respondents. Board of County Commissioners of Columbia County, Petitioners, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided February 17, 1981.

Reconsideration Denied March 26, 1981.

Review Denied May 19, 1981.

Attorney(s) appearing for the Case

Steven R. Schell, Portland, argued the cause for petitioners, Columbia Hills Development Co. et al.

Diane W. Spies, Portland, argued the cause and filed the brief for petitioners, Bd. of County Commissioners of Columbia County.

Kevin L. Hanway, Portland, argued the cause and filed the brief for petitioner, Home Builders Ass'n of Metropolitan Portland.

Robert E. Stacey, Jr., Portland, argued the cause and filed the brief for intervenor-respondent.

David G. Frost, Hillsboro, argued the cause for respondents, Publishers Paper Co. and Crown Zellerbach. With him on the brief was Frost & Hall, Hillsboro.

David B. Williamson, St. Helens, argued the cause for respondent, City of Scappoose. With him on the brief was Williamson & Williamson, St. Helens.

Scott H. Parker and Michael E. Judd, Oregon City, filed a brief amici curiae for Clackamas County and Ass'n of Oregon Counties.

(at8s)Atty. Gen., Salem, waived appearance for respondent, Land Conservation and Development Commission, Dept. of Land Conservation and Development, W.J. Kvarsten, Director.

(at9s)appearance for respondent, Oregon State Dept. of Forestry.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

This case consolidates three petitions for review from an order of the Land Conservation and Development Commission (LCDC) which determined that three building permits issued by Columbia County were invalid. Two issues are raised. The first concerns the jurisdiction of LCDC to review the issuance of these building permits. The determination of that issue depends upon whether the issuance of the building permits in the circumstances involved...

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