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JEFFERSON LANDFILL COMM. v. MARION CTY.

LUBA 82-005; CA A25167; SC S30235.

686 P.2d 310 (1984)

297 Or. 280

THE JEFFERSON LANDFILL COMMITTEE, and Jeff Fahey, Petitioners On Review, v. MARION COUNTY, W.R. Schlitt, W.R. Schlitt, Jr., and Brown's Island Inc., Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided June 19, 1984.

Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause and filed the brief for petitioners.

Robert C. Cannon, Marion County Legal Counsel, Salem, argued the cause and filed a brief on behalf of respondent Marion County.

Richard C. Stein, Salem, filed a response and argued the cause for respondents W.R. Schlitt, W.R. Schlitt, Jr. and Brown's Island, Inc. With him on the brief was Ramsay, Stein, Feibleman & Myers, Salem.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., Mary J. Deits, Asst. Atty. Gen. and Michael J. Huston, Asst. Atty. Gen., Salem, filed a response brief in the Supreme Court on behalf of the Land Use Board of Appeals.

CARSON, Justice.

Marion County granted a conditional use permit and major partition to allow the siting of a landfill for Marion County, south of Salem and just east of Interstate 5, near the Jefferson interchange. Petitioners appealed the land use decision to the Land Use Board of Appeals (LUBA), which dismissed the appeal on the ground that petitioners lacked standing to appeal. The Court of Appeals affirmed LUBA's order. Jefferson Landfill Comm. v. Marion Co...

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