CITY OF HAPPY VALLEY v. LCDC

CA A25552.

677 P.2d 47 (1984)

66 Or.App. 803

CITY OF HAPPY VALLEY, a Municipal Corporation, Petitioner, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Department of Land Conservation and Development, an Oregon State Agency, Mas Fujimoto, Delmer Eisert, Robert Guy, Agnes Guy, 1000 Friends of Oregon, and Homebuilders of Metropolitan Portland, Respondents.

Court of Appeals of Oregon.

Decided February 8, 1984.

Reconsideration Denied March 30, 1984.

Review Denied April 24, 1984.


Attorney(s) appearing for the Case

James R. Carskadon, Jr., Milwaukie, argued the cause for petitioner. With him on the brief was Redman, Carskadon, Knauss & Kelley, Milwaukie.

Terry D. Morgan, Portland, argued the cause for respondents Mas Fujimoto, Delmer Eisert, Robert and Agnes Guy. With him on the brief was Morgan & Shonkwiler, P.C., Portland.

Mary J. Deits, Asst. Atty. Gen., Salem, argued the cause for respondent Land Conservation and Development Com'n. With her on the brief were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Kevin L. Hanway, Lake Oswego, filed the brief for respondent Home Builders of Metropolitan Portland.

Mark J. Greenfield, Portland, filed the brief for respondent 1000 Friends of Oregon.

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


BUTTLER, Presiding Judge.

Petitioner seeks judicial review, ORS 183.480, of an LCDC "enforcement order." Because LCDC denied acknowledgment of petitioner's comprehensive plan,1 it was required to, ORS 197.320(1), and did, order petitioner to take certain action necessary to bring its comprehensive plan and implementing ordinances into compliance with the statewide planning goals. In addition, as an interim measure pending acknowledgment...

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