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DEPT. OF LAND CONSERV. v. FARGO INTERCHANGE

LUBA Nos. 93-181, 93-182; CA A84101.

879 P.2d 224 (1994)

129 Or. App. 447

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Respondent, v. FARGO INTERCHANGE SERVICE DISTRICT, Marion County, Brent Leathers and Ed Montecucco, Petitioners, and CBM Development, Intervenor-Respondent below.

Court of Appeals of Oregon.

Decided August 10, 1994.

Attorney(s) appearing for the Case

Jane Ellen Stonecipher, Salem, argued the cause, for petitioners Fargo Interchange Service Dist. and Marion County. With her on the brief was Robert C. Cannon, Turner.

Timothy J. Sercombe, Portland, argued the cause, for petitioners Brent Leathers and Ed Montecucco. With him on the brief were Edward J. Sullivan, John H. Nelson and Preston Gates & Ellis.

John T. Bagg, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

DEITS, Presiding Judge.

Petitioners Fargo Interchange Service District (district), Marion County (county), Brent Leathers and Ed Montecucco seek review of LUBA's remands of the district's decision defining the proposed public sewer system for the Fargo Road Interchange area, and of the county's decision that the district's proposal complies with the county comprehensive plan and land use regulations.1 We reverse.

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