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LANE COUNTY v. LCDC

CA A83932; SC S43440, S43441.

942 P.2d 278 (1997)

325 Or. 569

LANE COUNTY, Respondent on Review, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Petitioner on Review, and 1000 Friends of Oregon, Petitioner on Review.

Supreme Court of Oregon.

Decided August 7, 1997.

Attorney(s) appearing for the Case

F. Blair Batson, Portland, argued the cause and filed the brief for petitioner on review 1000 Friends of Oregon.

Stephanie L. Striffler, Assistant Attorney General, Salem, argued the cause for petitioner on review Land Conservation and Development Commission. With her on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

David B. Williams, Office of Legal Counsel, Lane County, Eugene, argued the cause and filed the brief for respondent on review.

Lawrence Watters and Bart Brush, Portland, filed a brief for amicus curiae Northwest Environmental Defense Center.

Frederick A. Batson, of Gleaves Swearingen Larsen Potter Scott & Smith L.L.P., Eugene, filed a brief for amici curiae Raymond Sims Baum, Robert Repine, and William and Bonnie Thielman.

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

GILLETTE, Justice.

In this administrative law case, the Land Conservation and Development Commission (LCDC) and 1000 Friends of Oregon seek review of a Court of Appeals' decision that invalidated certain LCDC rules on the ground that they are inconsistent with a statute, ORS 215.213, and, therefore, that LCDC exceeded its statutory authority by promulgating them. Lane County v. LCDC, 138 Or.App. 635, 910...

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