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AUDUBON SOCIETY OF PORTLAND v. LCDC

LCDC 87-ACK-215; CA A43921.

760 P.2d 271 (1988)

92 Or.App. 496

AUDUBON SOCIETY OF PORTLAND, Audubon Society of Corvallis, Native Plant Society of Oregon, 1000 Friends of Oregon, Elizabeth and Robert Frenkel, Petitioners, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Respondent, Benton County and Allen Dapp, Intervenors-Respondents.

Court of Appeals of Oregon.

Decided August 17, 1988.

Attorney(s) appearing for the Case

Douglas M. DuPriest, Eugene, argued the cause for petitioners. With him on the brief was Hutchinson, Anderson, Cox & Teising, P.C., Eugene.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol.Gen., Salem.

Jeffrey G. Condit, Corvallis, argued the cause and filed the brief for intervenor-respondent Benton County.

William J. Moshofsky, Portland, filed the brief for intervenor-respondent Alan Dapp.

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

BUTTLER, Presiding Judge.

Petitioners seek review of LCDC's acknowledgment of the parts of Benton County's comprehensive plan and land use regulations which relate to the Jackson-Frazier Wetland.1 Petitioners argue that the county provisions violate Goal 5 and OAR 660-16-000 et seq. We agree and reverse.

The affected area consists of approximately 158 acres and contains a unique combination of plant species. Intervenor Dapp...

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