MARION COUNTY v. FEDERATION FOR SOUND PLANNING

No. CA A25412.

668 P.2d 406 (1983)

64 Or.App. 226

MARION COUNTY, Oregon and Land Conservation and Development Commission, Respondents, v. FEDERATION FOR SOUND PLANNING, Families for Responsible Government, Inc., Shaw Cause, Inc., James G. Tryon, David Pulliam, Donald Sutherland, Donald Earl, Michael J. Tryon, Emil A. Valish, Tomi Kellogg, David Stepp, Ronald C. Hanna, Richard R. Greb, Franklin D. Williams, Gene Sundin, Ernest E. Godfrey, Marlene Godfrey, and Corinne C. Sherton, Petitioners.

Court of Appeals of Oregon.

Decided August 10, 1983.


Attorney(s) appearing for the Case

Edward J. Sullivan, Salem, argued the cause for petitioners. On the brief was Corinne C. Sherton, Salem.

Robert C. Cannon, Marion County Counsel, Salem, argued the cause and filed the brief for respondent Marion County.

Mary J. Deits, Asst. Atty. Gen., Salem, argued the cause for respondent Land Conservation and Development Commission. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

Petitioners1 seek judicial review of an order of the Land Conservation and Development Commission (hereinafter LCDC or the Commission) acknowledging the Marion County Comprehensive Plan as being in compliance with the statewide land use planning goals. We conclude that LCDC erred by (1) approving the plan despite possible goal violations, (2) approving a goal exception that was taken under an invalid procedure...

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