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BRANSCOMB v. LCDC

Nos. CA A24314, SC S30147.

681 P.2d 124 (1984)

297 Or. 142

Allan B. BRANSCOMB, Constance Davidson and Mel Oberst, Petitioners On Review, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION; DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT AND JAMES F. ROSS, Director; and City of Elkton, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided May 22, 1984.

Attorney(s) appearing for the Case

Robert E. Stacey, Jr., Portland, argued the cause for petitioners on review. Douglas M. DuPriest, Eugene, filed the brief for petitioners on review. With him on the brief was Hutchinson, Harrell, Cox, Teising & Anderson, P.C., Eugene.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for respondents on review Land Conservation and Development Commission, Department of Land Conservation and Development, and James F. Ross. David Frohnmayer, Atty. Gen. filed the briefs for respondents on review. With him on the brief was William F. Gary, Sol. Gen., and Mary J. Deits, Asst. Atty. Gen.

Timothy V. Ramis, Portland, filed a brief amicus curiae for David Knapp, Richard Dennis Smith, Kent Bullock, Samadhi Matthews, Chidvalis Rajneesh Meditation Center, Rajneesh Investment Corporation, and Rajneesh Neosannyas International Commune.

CAMPBELL, Justice.

We restricted review in this case to a single issue: "Whether the Court of Appeals erred in concluding that Goal 3 (Agricultural lands) is inapplicable to a local government decision to include agricultural lands within an urban growth boundary when that boundary is first established." We hold that the Court of Appeals did not err, and affirm.

The City of Elkton, a town that includes 85 acres within its city limits, prepared a comprehensive...

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