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FORELAWS ON BOARD v. ENERGY FAC. SITING COUNCIL

CA A44051, SC S33953; CA A44052; SC S33954.

738 P.2d 973 (1987)

303 Or. 541

FORELAWS ON BOARD and John Arum, Petitioners On Review, v. ENERGY FACILITY SITING COUNCIL, Respondent On Review. Lloyd K. Marbet, Petitioner On Review, v. Energy Facility Siting Council, Respondent On Review.

Supreme Court of Oregon, In Banc.

June 30, 1987.

Attorney(s) appearing for the Case

Daniel Meek, Portland, for petitioners Forelaws on Bd. and John Arum, and Lloyd K. Marbet, petitioner, pro se, filed joint motions for determination of jurisdiction and for waiver of double payment of filing fee.

James H. Clarke, Portland, filed motions on behalf of Teledyne Industries, Inc., dba Teledyne Wah Chang Albany, to intervene in the above proceedings.

Jerome Lidz, Asst. Atty. Gen., Salem, filed a response for the Energy Facilities Siting Council. With him on the response were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

PER CURIAM.

Petitioners ask us to resolve whether a determination of the Energy Facility Siting Council (Council) that it lacks jurisdiction over the subject of an application is reviewable by the Court of Appeals or by this court. In order to protect their rights to judicial review, petitioners filed petitions for review in both courts followed by motions to resolve jurisdiction before briefing the merits. They also filed motions to be relieved from having to pay...

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