OCHOCO CONST. v. LCDC

LUBA 80-031, CA A20450; SC 28537.

667 P.2d 499 (1983)

295 Or. 422

OCHOCO CONSTRUCTION, Inc., Respondents On Review, v. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT AND CROOK COUNTY BOARD OF COMMISSIONERS, Petitioners On Review.

Supreme Court of Oregon.

Decided July 26, 1983.


Attorney(s) appearing for the Case

Mary J. Deits, Asst. Atty. Gen., argued the cause for petitioners on review, Dept. of Land Conservation and Development. With her on the briefs were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Douglas Fowler, Portland, argued the cause and filed the brief in the Supreme Court for respondents on review. On the brief in the Court of Appeals was Diane Spies, Portland.

Robert E. Stacey, Jr., Portland, filed a brief amicus curiae on behalf of 1000 Friends of Oregon.

No appearance by Crook County Board of Com'rs.

Before LENT, C.J., and LINDE, PETERSON, TANZER, CAMPBELL and CARSON.


CARSON, Justice.

The sole issue in this case is whether the Department of Land Conservation and Development1 (Department) has the authority to challenge local government land use decisions before the Land Use Board of Appeals (LUBA), when such decisions were made under previously acknowledged comprehensive plans. The Court of Appeals, 56 Or.App. 32, 641 P.2d 49, found no such authority in the Department...

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