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WILBUR RESIDENTS FOR A CLEAN NEIGHBORHOOD v. DEPARTMENT OF ENVIRONMENTAL QUALITY

98CV0649CC; A109651

30 P.3d 1228 (2001)

176 Or. App. 353

WILBUR RESIDENTS FOR A CLEAN NEIGHBORHOOD, Janet Dixon, Kevin Dixon, Dorothy Branch, Alice Mohr, Marcia Byers and Bob Wanless, Respondents, v. DEPARTMENT OF ENVIRONMENTAL QUALITY, Appellant. and Heard Farms, Inc., Intervenor-Respondent.

Court of Appeals of Oregon.

Decided August 29, 2001.

Attorney(s) appearing for the Case

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for appellant. With her on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Dave Bahr, Eugene, argued the cause and filed the brief for respondents.

No appearance for intervenor-respondent Heard Farms, Inc.

Before EDMONDS, Presiding Judge, and KISTLER, Judge, and VAN HOOMISSEN, Senior Judge.

PER CURIAM.

This is a judicial review of permits that the Department of Environmental Quality (DEQ) issued authorizing intervenor Heard Farms, Inc., to apply reclaimed wastewater and biosolids to certain land. The permits were final orders in other than a contested case and the trial court therefore had jurisdiction under ORS 183.484. The trial court granted petitioners' motion for summary judgment and held that the orders were invalid because they failed to include...

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