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TILLAMOOK CO. v. STATE BOARD OF FORESTRY

TC 135,593; CA A32152; SC S32255.

730 P.2d 1214 (1986)

302 Or. 404

TILLAMOOK, County et al., Petitioners On Review, v. STATE of Oregon, Acting by and through State BOARD OF FORESTRY, State Treasurer Clay Meyers, Secretary of State Norma Paulus, Department of Revenue, and Department of Transportation, Respondents On Review.

Supreme Court of Oregon.

Reassigned September 29, 1986.

Reconsideration Denied February 3, 1987.

Attorney(s) appearing for the Case

Malcolm F. Marsh, Salem, argued the cause for petitioners on review. With him on the petition were Clark, Marsh, Lindauer & McClinton, Salem.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for respondents on review. With him on the response to the petition were Dave Frohnmayer, Atty. Gen., William F. Gary, Deputy Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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

PETERSON, Chief Justice.

Plaintiffs are 12 Oregon counties who brought this declaratory judgment action pursuant to ORS 28.010 et seq. Defendants are the State of Oregon, acting by and through the Oregon State Board of Forestry (Board of Forestry), the State Treasurer, the Secretary of State, the Oregon State Department of Revenue and the Oregon State Department of Transportation (ODOT).1

This case involves two statutory...

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