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REICHHOLD ENERGY CORP. v. DIV. OF STATE LANDS

CA A32370.

700 P.2d 282 (1985)

73 Or.App. 708

IN THE MATTER OF THE APPLICATION OF REICHHOLD ENERGY CORPORATION (TO THE OREGON DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES) FOR AN ORDER INTEGRATING AND POOLING INTERESTS IN THE NE 1/4 OF SECTION 15, T6N, R5W, W.M., Columbia County, Oregon. Reichhold Energy Corporation, Petitioner, v. STATE OF OREGON, by and through the Division of State of Lands; Neva M. Elliott, Trustee; William Montier, Sr.; Harriet Montier; Stanley Staples, Personal Representative; Helen Selander; Charles E. McCulloch, Jr.; Shalmon Libel; Norman C. Hanson; David F. Crawford; Mary Crawford; Edith Williams; Joan Wilcox; Norah Barbara Ready, N/K/a Norah Ready Sefton; Alice Fordyce; Mary Lasker; Helen Ritchie; Robert Ritchie; Nancy Woodson Spire, et al., Trustees; Billie Mason; John Harmon; Vivian Woodard; Stanley Staples and the M & I Isley Bank, Co-Special Administrators; Vivian Gerard; Marine Trust Company, N.A., Trustee; Harris Trust Company of Arizona, Trustee; Margaret E. Hickman; James S. Reed; Theodore S. Reed; Robert S. Reed; Thelma L. Carhart; Wendy A. Gerard Lafferty; Helen R. Lehman; John D. Stewart; Avery F. Penley; Peet Soot; Northwest Fuel Development, Inc.; and Williams, Stark, Hiefield and Norville, P.C., Respondents.

Court of Appeals of Oregon.

Decided May 22, 1985.

Attorney(s) appearing for the Case

S. Kyle Huber, Portland, argued the cause for petitioner. With him on the brief were James P. Draudt, and Weiss, DesCamp, Botteri & Huber, Portland.

Linda J. DeVries, Asst. Atty. Gen., Salem, argued the cause for respondent State of Oregon. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Frederic E. Cann, Portland, argued the cause for respondents Edith Williams et al. With him on the brief was Williams, Fredrickson, Stark, Hiefield, Norville & Weisensee, P.C., Portland.

No appearance for respondents William Montier, Harriet Montier, Helen Selander, Charles E. McCulloch, Jr., Shalmon Libel, Norman C. Hanson, David F. Crawford, and Mary Crawford.

Before WARREN, P.J., and YOUNG and ROSSMAN, JJ.

WARREN, Judge.

Petitioner seeks review of an order in a contested case proceeding before the Governing Board (Board) of the Department of Geology and Mineral Industries. The Board granted petitioner's request for modification of the price for which it could sell natural gas produced from one of its fields. The Board, however, denied petitioner's request that the price modification be effective retroactively. Petitioner contends that that denial was erroneous, because...

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