UNITED CITIZENS v. ENVIRONMENTAL QUALITY COM'N

86C-11193; CA A62121.

799 P.2d 665 (1990)

104 Or.App. 51

In the matter of the Proposal to Declare a Threat to Drinking Water in a Specifically Defined Area in Mid-Multnomah County Pursuant to Ors 454.275 et Seq. UNITED CITIZENS; Daniel C. Phegley and Helen Osburn, Appellants, v. OREGON ENVIRONMENTAL QUALITY COMMISSION AND OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY; CITY OF PORTLAND; CITY OF GRESHAM; AND MULTNOMAH COUNTY, Respondents.

Court of Appeals of Oregon.

Reconsideration Denied December 12, 1990.

Decided October 17, 1990.


Attorney(s) appearing for the Case

Linda K. Williams, Portland, filed the brief and argued the cause for appellants.

Michael B. Huston, Asst. Atty. Gen., Salem, argued the cause for respondents Oregon Environmental Quality Com'n and Oregon Dept. of Environmental Quality. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Michael D. Reynolds, Asst. Sol. Gen., Salem.

Peter A. Kasting, Chief Deputy City Atty., Portland, filed the brief for respondent City of Portland.

Matthew R. Baines, Asst. City Atty., Gresham, filed the brief for respondent City of Gresham. With him on the brief was Thomas Sponsler, Gresham City Atty., Gresham.

No appearance for respondent Multnomah County.

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


WARREN, Judge.

Petitioners United Citizens, Daniel C. Phegley and Helen Osburn seek review of a circuit court decision affirming an order of the Environmental Quality Commission (EQC) under the Threat To Drinking Water Act, ORS 454.275 et seq (the Act), requiring that the cities of Portland and Gresham provide sewer service to "Mid-Multnomah County," an unincorporated area between Portland and Gresham. EQC's decision is an order in "other than a contested case...

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