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PRENTICE v. LCDC

83-ACK-14 (Amended); CA A28429.

692 P.2d 642 (1984)

71 Or.App. 394

In the matter of Clackamas County's Comprehensive Plan and Implementing Measures. William H. PRENTICE, Charles T. Smith, Petitioners, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided December 19, 1984.

Attorney(s) appearing for the Case

Vincent Salvi, Portland, argued the cause and filed the brief for petitioners.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., James Mountain, Jr., Sol. Gen., and Michael Huston, Asst. Atty. Gen., Salem.

Michael E. Judd, Asst. County Counsel, Oregon City, filed a brief amicus curiae for Clackamas County.

Garry P. McMurry and Rankin, McMurry, VavRosky & Doherty, Portland, filed a brief amicus curiae for Carl M. Halvorson and John Smeed.

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

BUTTLER, Presiding Judge.

Petitioners seek judicial review of an order of the Land Conservation and Development Commission (LCDC) acknowledging that Clackamas County's Comprehensive Plan and land use regulations comply with statewide planning goals. They contend that the acknowledgment was based on the commission's application of a "substantial compliance" standard specifically disapproved in Marion County v. Federation for Sound Planning,

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