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WINCHESTER WATER CONTROL DISTRICT v. HISSONG

E 84 2206; CA A34210.

706 P.2d 193 (1985)

WINCHESTER WATER CONTROL DISTRICT, a Municipality of the State of Oregon, and Winchester Hydropower Ltd., a General Partnership, Appellants, v. Candi HISSONG, Kenneth Hebard, Carol Whipple, Ed Wood, Michael Wooton, Bill Franks, Ronald Northcraft, Members of the Douglas County Planning Commission, and Stephen H. Miller, Hearings Officer for the Douglas County Planning Commission, Respondents, and Umpqua Fishermen's Association, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided September 18, 1985.

Attorney(s) appearing for the Case

Jacob Tanzer, Portland, argued the cause for appellants. With him on the briefs were Stephen T. Janik and Ball, Janik & Novack, Portland.

Paul Nolte, County Counsel, Roseburg, filed the brief for respondent, County Planning Commission. David G. Terry, Roseburg, joined the brief and argued the cause for intervenor-respondent.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Plaintiffs appeal the trial court's dismissal of this mandamus action. The trial court held that the alternative writ failed to state a claim for relief. We affirm.

Plaintiffs hold a conditional use permit from Douglas County to operate an electrical generating facility at Winchester on the North Umpqua River. Intervenor-defendant Umpqua Fishermen's Association (the Association) requested the county's Planning Director to revoke...

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