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STATE EX REL. ASPEN GROUP v. WASHINGTON CTY.

C96-0369CV; CA A94100.

946 P.2d 347 (1997)

150 Or. App. 371

STATE of Oregon, ex rel. The ASPEN GROUP, INC., Respondent, v. WASHINGTON COUNTY BOARD OF COMMISSIONERS, comprised of Kathy Christy, Andrew Duyck, Kim Katsion, Linda Peters and Roy Rogers, Respondent, and Margery Crist, Intervenor-Appellant.

Court of Appeals of Oregon.

Decided October 8, 1997.

Attorney(s) appearing for the Case

William C. Cox argued the cause and filed the briefs for intervenor-appellant.

Steven R. Schell argued the cause for respondent State of Oregon, ex rel. The Aspen Group, Inc. With him on the brief were Karin S. Phalen and Black Helterline.

Alan A. Rappleyea, Senior Assistant County Counsel, waived appearance for respondent Washington County Board of Commissioners, comprised of Kathy Christy, Andrew Duyck, Kim Katsion, Linda Peters and Roy Rogers.

Before DEITS, C.J., and De MUNIZ and HASELTON, JJ.

DEITS, Chief Judge.

Plaintiff-relator, The Aspen Group, Inc. (plaintiff), brought this mandamus action pursuant to ORS 215.428(7) against various officials of Washington County (collectively county). Plaintiff sought to compel the approval of a preliminary plan for a subdivision,1 for which plaintiff had applied more than 120 days before bringing this action, and on which the county had not made a final land use decision. The county, in...

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