MID-COUNTY FUTURE ALT. v. METRO AREA

2077, 2078, 2086, 2087; CA A36033 (control), A36034, A36035, A36036.

728 P.2d 63 (1986)

82 Or.App. 193

MID-COUNTY FUTURE ALTERNATIVES COMMITTEE, an Oregon Corporation, Peter M. Smith and Dorothy Smith, Petitioners, v. METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION, and City of Portland, Respondents.

Court of Appeals of Oregon.

Decided November 12, 1986.

Reconsideration Allowed February 11, 1987.


Attorney(s) appearing for the Case

Gregory W. Byrne, Portland, argued the cause for petitioners. On the brief was George E. Birnie, Portland.

Jeffrey L. Rogers, Portland, argued the cause for respondent City of Portland. With him on the brief were Kathryn Beaumont Imperati, Chief Deputy City Atty., and Ruth Spetter, Deputy City Atty., Portland.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., Virginia L. Linder, Asst. Sol. Gen., and Michael B. Huston, Asst. Atty. Gen., Salem, filed the brief for respondent Metropolitan Area Local Government Boundary Commission.

Timothy J. Sercombe, Matthew R. Baines and Fred R. Neal, III, filed a brief amicus curiae for League of Oregon Cities.

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


BUTTLER, Presiding Judge.

Petitioners seek judicial review of four orders of the Portland Metropolitan Area Local Government Boundary Commission approving proposed annexations to the City of Portland of approximately 450 acres of contiguous land east of the present city boundary. The annexations were initiated by the city under ORS 199.490(2),1 the so-called "triple majority" rule, pursuant to...

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