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NORDEN v. STATE, WATER RESOURCES DEPT.

(CC CV95-0002; CA A93331; SC S46182)

996 P.2d 958 (2000)

329 Or. 641

Dorothy NORDEN, Petitioner on Review, v. STATE of Oregon, acting By and Through its WATER RESOURCES DEPARTMENT; and Tony Justus, Umatilla County Watermaster, Respondents on Review, and Umatilla County, a political subdivision of the State of Oregon, Defendant.

Supreme Court of Oregon.

Decided February 17, 2000.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for petitioner on review.

Richard D. Wasserman, Assistant Attorney General, Salem, argued the cause and filed the brief for respondents on review. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, LEESON, and RIGGS, Justices.

LEESON, J.

The issue in this case is the scope of the record on judicial review of an order in other than a contested case under Oregon's Administrative Procedures Act (APA), ORS 183.310 to 183.550. On judicial review under ORS 183.484, the circuit court took evidence both of what the agency knew at the time when it issued its order as well as evidence that the agency and petitioner had obtained after the agency issued its order. The court then made findings on that...

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