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CITY OF FAIRVIEW v. PORT. METRO. AREA LGBC

A8401-00419; CA A31680.

696 P.2d 17 (1985)

72 Or.App. 440

CITY OF FAIRVIEW, a Municipal Corporation, Polly J. Dow and Darleen L. Woidyla, Appellants, v. PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided March 6, 1985.

Attorney(s) appearing for the Case

William L. Brunner, Fairview City Atty., Portland, argued the cause and filed the brief for appellants.

Michael B. Huston, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Thomas Sponsler, City Atty. and Matthew R. Baines, Gresham, filed a brief amicus curiae for City of Gresham.

Thomas R. Williams, Portland, filed a brief amicus curiae for City of Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and YOUNG, J.

JOSEPH, Chief Judge.

Plaintiffs appeal from the trial court's dismissal of this declaratory judgment action. The basis for the trial court's ruling was that the action is, in effect, a proceeding to review an order of the defendant Boundary Commission and that this court, rather than the circuit court, has jurisdiction to review such orders. ORS 199.461(4); see Consolidated Metco. v. City of Portland, 68 Or.App. 395,

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