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1000 FRIENDS OF OREGON v. WASCO COUNTY COURT

No. 81-132; CA A24016.

659 P.2d 1001 (1983)

62 Or.App. 75

1000 FRIENDS OF OREGON, the Assumed Name of Oregon Land Use Project, Inc., an Oregon Nonprofit Corporation, Kelly Mc Greer, Rosemary Mc Greer, James G. Perkins, Shirlee Perkins, David Dickson and Melinda Dickson, Petitioners, v. WASCO COUNTY COURT, David Knapp, Richard Dennis Smith, Kent Bullock, Samadhi Matthews, and Chidvalis Rajneesh Meditation Center, Respondents.

Court of Appeals of Oregon.

Decided March 2, 1983.

Reconsideration Denied April 14, 1983.

Attorney(s) appearing for the Case

Mark J. Greenfield, Portland, argued the cause and filed the briefs for petitioners.

Bernard L. Smith, Dist. Atty., The Dalles, argued the cause and filed the brief for respondent Wasco County.

Allen L. Johnson, Eugene, argued the cause for respondents David Knapp, Richard Dennis Smith, Kent Bullock, Samadhi Matthews, and Chidvalis Rajneesh Meditation Center. With him on the brief were Lombard, Gardner, Honsowetz, Brewer & Schons, Eugene, Edward J. Sullivan, Steven L. Pfeiffer and O'Donnell, Sullivan & Ramis, Portland.

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

GILLETTE, Presiding Judge.

Petitioners seek review of a Land Use Board of Appeals (LUBA) order dismissing a matter for lack of jurisdiction. Petitioners had challenged an order of the Wasco County Court granting a petition for incorporation of the City of Rajneeshpuram, adopting findings and conclusions, fixing boundaries of the proposed city and setting a date for a special election on the matter of incorporation. LUBA held that Wasco County's order was not a "land...

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