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OREGON BUSINESS PLANNING COUNCIL v. LCDC

Nos. CA 16617, 17091, 17093, 17502 and 18488; SC 27512.

626 P.2d 350 (1981)

290 Or. 741

OREGON BUSINESS PLANNING COUNCIL, Respondent, v. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Petitioner. Riviera Motors, Inc., an Oregon Corporation, Respondent, v. Land Conservation and Development Commission, W.J. Kvarsten, Director, Petitioner. 1000 Friends of Oregon, an Oregon Nonprofit Corporation, Respondent, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION AND DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, an Oregon State Agency, and Metropolitan Service District, a Municipal Corporation, Petitioners. Oregon Business Planning Council, Respondent, v. Department of Land Conservation and Development, Petitioner. 1000 Friends of Oregon, an Oregon Nonprofit Corporation, Respondent, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION; AND YAMHILL COUNTY, Petitioners.

Supreme Court of Oregon, In Banc.

Decided March 31, 1981.

Attorney(s) appearing for the Case

Mary J. Deits, Asst. Atty. Gen., Salem, argued the cause for petitioners. With her on brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Kevin L. Hanway, Portland, filed a brief for respondent Oregon Business Planning Council.

Diane W. Spies, Portland, argued the cause and filed the brief for respondent Riviera Motors, Inc.

Robert E. Stacey, Jr., Portland, argued the cause and filed brief for respondent 1000 Friends of Oregon.

Terry D. Morgan, Morgan & Shonkwiler, P.C., Portland, filed a brief as Parties amicus.

TONGUE, Justice.

These five consolidated cases all involve appeals to the Court of Appeals from orders by the Land Conservation and Development Commission (LCDC), "acknowledging" various local government land use plans to be in compliance with statewide planning goals, pursuant to ORS 197.251.1 LCDC moved to dismiss the appeals. The Court of Appeals denied that motion. 49 Or.App. 153,

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