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MID-COUNTY FUTURE ALT. v. PORT. METRO AREA LGBC

PMALGBC No. 1950; CA A30904; SC S31647, S31660, S31748.

706 P.2d 924 (1985)

300 Or. 14

MID-COUNTY FUTURE ALTERNATIVES COMMITTEE, an Oregon Corporation, Bonnie McKnight, Dorothy Smith, John T. Baker, Jane E. Baker, Thomas Dennehy and Robert Luce, Respondents On Review, v. PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION, City of Portland, and City of Gresham, Petitioners On Review.

Supreme Court of Oregon.

Decided September 17, 1985.

Reconsideration Denied October 22, 1985.

Attorney(s) appearing for the Case

Michael B. Huston, Asst. Atty. Gen., Salem, argued the cause for petitioner Portland Metropolitan Area Local Government Boundary Com'n. With him on the briefs were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Kathryn B. Imperati, Portland, argued the cause and filed briefs for petitioner City of Portland.

Matthew R. Baines, Gresham, argued the cause for petitioner City of Gresham. With him on the briefs was Thomas Sponsler, Gresham.

George E. Birnie, Portland, argued the cause and filed briefs for respondents on review.

Robert C. Shoemaker and Rick T. Haselton, Lindsay, Hart, Neil & Weigler, Portland, filed a brief amici curiae for Owners of Property Annexed to the City of Portland.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

LENT, Justice.

The issue is whether petitions filed by the City of Fairview with the Portland Metropolitan Area Local Government Boundary Commission (Commission) were legally sufficient, as provided by ORS 222.210 to 222.310, to permit action by the Commission on the proposed major boundary change1 that was the subject of the petitions. The answer depends on whether participation of at least two cities is required for initiation of consolidation...

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