CITY OF WILSONVILLE v. DEPT. OF CORRECTIONS

SC S44165 (Control), SC S44254, SC S44255, SC S44256, SC S44270.

951 P.2d 128 (1997)

326 Or. 152

CITY OF WILSONVILLE, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent. OREGONIANS FOR RESPONSIBLE PRISON SITING, Park at Merryfield Homeowners Association, Joanne Mills, Eva Ferara, Arnold Chase, Dan Willis, Cathy A. Rice, and Klaus Gibson, Petitioners, v. CORRECTIONS FACILITY SITING AUTHORITY and Department of Corrections, Respondents. J. Marshall GILMORE and Deborah J. Gilmore, Petitioners, v. DEPARTMENT OF CORRECTIONS, Respondent. CITY OF WILSONVILLE, Petitioner, v. DEPARTMENT OF CORRECTIONS and John A. Kitzhaber, M.D., Respondents.

Supreme Court of Oregon.

Decided December 16, 1997.

Reconsideration Denied January 27, 1998.


Attorney(s) appearing for the Case

Michael E. Kohlhoff, City Attorney, Wilsonville, argued the cause for petitioner City of Wilsonville. With him on the briefs was Joan S. Kelsey, Assistant City Attorney.

John R. Faust, Jr., of Schwabe, Williamson & Wyatt, P.C., Portland, argued the cause for petitioners Oregonians For Responsible Prison Siting, Park at Merryfield Homeowners Association, Joanne Mills, Eva Ferara, Arnold Chase, Dan Willis, Cathy A. Rice, and Klaus Gibson. With him on the briefs was Steve C. Morash.

J. Marshall Gilmore, Wilsonville, argued the cause and filed the brief in propria persona and for petitioner Deborah J. Gilmore.

Michael D. Reynolds, Assistant Solicitor General, Salem, argued the cause and filed the brief for respondent Department of Corrections.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.


VAN HOOMISSEN, Justice.

This is an original proceeding for judicial review of a decision to build certain new corrections facilities at the Dammasch State Hospital site in Wilsonville, Oregon.

Petitioners1 seek reversal of three separate, but sequential, decisions made by respondents Department of Corrections (the Department), Corrections Facilities Siting Authority (the Siting Authority), and the Governor of the State of Oregon...

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