COX v. POLK COUNTY

2000-030; A112401.

25 P.3d 970 (2001)

174 Or. App. 332

Penny COX, Respondent, v. POLK COUNTY, Respondent below, and City of Dallas, Petitioner.

Court of Appeals of Oregon.

Decided May 23, 2001.


Attorney(s) appearing for the Case

Mark Irick, Dallas, argued the cause for petitioner. With him on the brief were David Doyle and Shetterly, Irick, Shetterly & Ozias.

Christopher J. Eggert, argued the cause and filed the brief for respondent.

Mark D. Shipman, Salem, and Saalfeld, Griggs, Gorsuch, Alexander & Emerick, P.C., filed the brief amicus curiae, for Oregon Farm Bureau Federation.

Gerald P. Linder, Hillsboro, and William K. Kabeiseman, Portland, and Preston Gates & Ellis LLP filed the brief amici curiae, for Association of Clean Water Agencies and League of Oregon Cities.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.


DEITS, C.J.

The City of Dallas proposed to transport pretreated effluent from a local industrial facility to a holding pond, use the effluent to irrigate and fertilize poplar trees, and, eventually, sell the mature trees. The project was to be located outside the city's urban growth boundary (UGB) and within an exclusive farm use (EFU) zone. The city submitted a Land Use Compatibility Statement (LUCS) relating to the project to the Polk County planning director. In...

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