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COATS v. LCDC

Nos. 127742; CA A26739.

679 P.2d 898 (1984)

67 Or.App. 504

Robert L. COATS, Appellant, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION; Department of Land Conservation and Development, and Deschutes County, Respondents.

Court of Appeals of the State of Oregon.

Decided March 28, 1984.

Attorney(s) appearing for the Case

Frank M. Parisi, Portland, argued the cause for appellant. With him on the briefs was Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Michael B. Huston, Asst. Atty. Gen., Salem, argued the cause for respondents Land Conservation and Development Com'n and Dept. of Land Conservation and Development. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Deputy Sol. Gen., and Mary J. Deits, Asst. Atty. Gen., Salem.

Richard L. Isham, Deschutes County Legal Counsel, Bend, argued the cause and filed the brief for respondent Deschutes County.

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

YOUNG, Judge.

Appellant appeals from a judgment of the Circuit Court that affirmed an order of the Land Conservation and Development Commission (LCDC), acknowledging Deschutes County's comprehensive plan and implementing ordinance.1 The central issue is whether the plan and ordinance satisfy Goal 5 with respect to mineral and aggregate resources. Goal 5 (OAR 660-15-000) in pertinent part provides:

"Goal: To conserve open spaces...

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