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BRANSCOMB v. LCDC

No. CA A24314.

669 P.2d 1192 (1983)

64 Or.App. 738

Allan B. BRANSCOMB, Constance Davidson and Mel Oberst, Petitioners, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION OF THE STATE OF OREGON; DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, James F. Ross, Director; and City of Elkton, Respondents.

Court of Appeals of Oregon.

Decided October 5, 1983.

Reconsideration Denied November 25, 1983.

Attorney(s) appearing for the Case

Douglas M. DuPriest, Eugene, argued the cause for petitioners. With him on the briefs was Hutchinson, Harrell, Cox, Teising & Anderson, P.C., Eugene.

Mary J. Deits, Asst. Atty. Gen., Salem, argued the cause for respondents LCDC, DLCD, and James F. Ross.

C.W. Henderer, Mayor, Elkton, waived appearance for respondent City of Elkton.

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

BUTTLER, Presiding Judge.

Petitioners seek judicial review of the Land Conservation and Development Commission's (LCDC) acknowledgment of the City of Elkton's Comprehensive Plan and Implementing Measures. We affirm.

In 1980, the City presented its comprehensive plan to LCDC requesting acknowledgment pursuant to ORS 197.251.1 LCDC continued the request for 120 days to allow the City to bring its plan into compliance with Goals 1...

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