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KLAMATH COUNTY v. DEP'T. OF TRANSPORTATION

108652; A124664.

116 P.3d 924 (2005)

201 Or. App. 10

KLAMATH COUNTY, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Burlington Northern and Santa Fe Railway Company, Respondents.

Court of Appeals of Oregon.

Decided August 3, 2005.

Attorney(s) appearing for the Case

Reginald R. Davis, Klamath Falls, argued the cause and filed the briefs for petitioner.

Stephanie S. Andrus, Assistant Attorney General, argued the cause for respondent Department of Transportation. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Robert Walkley argued the cause for respondent Burlington Northern and Santa Fe Railway Company. With him on the brief was Gibson Kinerk LLP.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

EDMONDS, P.J.

Petitioner Klamath County seeks judicial review of an administrative order of the Oregon Department of Transportation (ODOT) that ordered the closure of a railroad grade crossing1 Klamath Falls. The proposed crossing closure is vigorously opposed by the local community; Klamath County adopted a resolution opposing the closure of the grade crossing and offered to pay half the cost of constructing an overpass. In addition,...

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