DEPT. OF LAND CONSERV v. CITY OF DONALD

LUBA No. 93-227; CA A84280.

879 P.2d 229 (1994)

129 Or. App. 468

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Respondent, v. CITY OF DONALD and Fargo Interchange Service District, Petitioners, and Marion County, Intervenor below.

Court of Appeals of Oregon.

Decided August 10, 1994.


Attorney(s) appearing for the Case

Thomas J. Rastetter, Oregon City, argued the cause and filed the brief, for petitioner City of Donald.

Edward J. Sullivan, Portland, and Jane Ellen Stonecipher, Salem, argued the cause, for petitioner Fargo Interchange Service Dist. With them on the brief was Timothy J. Sercombe, Portland.

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

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


DEITS, Presiding Judge.

In DLCD v. Fargo Interchange Service Dist., 129 Or.App. 447, 879 P.2d 224 (1994), we reversed LUBA's remands of the service district's decision proposing a sewer system for its area, and Marion County's decision that the district's proposal complied with the county's acknowledged comprehensive plan and land use regulations. LUBA reasoned that a provision in the county...

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