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FRIENDS OF THE CREEK v. JACKSON COUNTY

(LUBA No. 98-158; CA A107771)

995 P.2d 1204 (2000)

165 Or. App. 138

FRIENDS OF THE CREEK, Respondent-Cross-Petitioner, v. JACKSON COUNTY, Respondent, and City of Ashland, Petitioner-Cross-Respondent.

Court of Appeals of Oregon.

Decided January 26, 2000.

Attorney(s) appearing for the Case

Edward J. Sullivan, Portland, argued the cause for petitioner—cross-respondent. With him on the briefs were William K. Kabeiseman and Preston Gates & Ellis, LLP.

Gregory S. Hathaway, Portland, argued the cause for respondent—cross-petitioner. With him on the brief were E. Michael Connors and Davis Wright Tremaine LLP.

No appearance for respondent.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, filed the brief amicus curiae for the State of Oregon.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

DEITS, C.J.

The City of Ashland operates a wastewater treatment plant that is located within its urban growth boundary and has historically discharged treated water into Ashland and Bear Creeks. After that means of disposal was restricted by the Oregon Department of Environmental Quality (DEQ), the city purchased an 846-acre parcel in an exclusive farm use (EFU) zone located outside the city. The city plans to pipe the waste from the existing facility to storage reservoirs...

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