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ROTH v. LAND CONSERVATION AND DEV. COM'N

CA A22117.

646 P.2d 85 (1982)

57 Or.App. 611

Orlin H. ROTH, William Roth and Frances Roth, Petitioners, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION AND DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, an Oregon State Agency; City of Newberg; Yamhill County; and Newberg School District 29J, Respondents.

Court of Appeals of Oregon.

Decided June 9, 1982.

Attorney(s) appearing for the Case

John C. Pinkstaff, McMinnville, argued the cause and filed the brief for petitioners.

Richard David Wasserman, Asst. Atty. Gen., argued the cause for respondents Land Conservation and Development Commission and Department of Land Conservation and Development. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Richard D. Faus, City Atty., Newberg, argued the cause and filed the brief for respondent City of Newberg.

Daryl S. Garrettson, Yamhill County Counsel, McMinnville, argued the cause and filed the brief for respondent Yamhill County.

George H. Layman, Newberg, waived appearance for respondent Newberg School District 29J.

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

BUTTLER, Presiding Judge.

Petitioners seek judicial review of that portion of an acknowledgment order issued by the Land Conservation and Development Commission (LCDC), which, according to petitioners, "enlarges the [City of] Newberg['s] urban growth boundary [UGB] to include an 18.8 acre parcel for a proposed school site." This case is a classic illustration of the pitfalls involved in LCDC's simultaneously considering a goal issue in two distinct proceedings designed...

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