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LAND RECLAMATION v. DEPT. OF ENVIRON. QUALITY

No. 19-P-SW 329-NWR-79; CA 18457.

640 P.2d 699 (1982)

55 Or.App. 996

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

Court of Appeals of Oregon.

Decided February 8, 1982.

Reconsideration Denied March 23, 1982.

Attorney(s) appearing for the Case

Richard J. Brownstein, Portland, argued the cause for petitioners. With him on the briefs was Gilbertson, Brownstein, Sweeney, Kerr & Grim, Portland. Ronald A. Watson, Portland, joined in the briefs for petitioner Land Reclamation, Inc.

Frank W. Ostrander, Jr., Salem, argued the cause for respondents. With him on the briefs were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and Raymond W. Underwood, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

Submitted on Remand from the Oregon Supreme Court December 2, 1981.

VAN HOOMISSEN, Judge.

Petitioners appeal from the Environmental Quality Commission's (commission) order affirming the Department of Environmental Quality's (department) denial of a solid waste disposal permit. See ORS 459.205 et seq.

In our previous consideration of the appeal, we concluded that the commission's order was not final because petitioners had not completed...

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