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HOME BUILDERS ASS'N v. CITY OF SPRINGFIELD

2004-090, 2004-105, 2004-114; A129928.

129 P.3d 713 (2006)

204 Or. App. 270

HOME BUILDERS ASSOCIATION OF LANE COUNTY and Home Builders Construction Company, Petitioners, v. CITY OF SPRINGFIELD, City of Eugene, Lane County and Metropolitan Wastewater Management Commission, Respondents.

Court of Appeals of Oregon.

Decided February 15, 2006.

Attorney(s) appearing for the Case

Bill Kloos, Eugene, argued the cause for petitioners. With him on the brief was the Law Office of Bill Kloos, PC.

Meg Kieran argued the cause for respondents. With her on the joint brief were Leahy & Kieran and Stephen Vorhes, Eugene, and G. David Jewett and Thorp Purdy Jewett Urness Wilkinson, P.C., Springfield, and Jerome Lidz and Harrang Long Gary Rudnick, P.C., Eugene.

Andrew H. Stamp filed the brief amicus curiae for Home Builders Association of Marion Polk Counties and Oregon Home Builders Association.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

BREWER, C.J.

Petitioners Home Builders Association of Lane County and Home Builders Construction Company seek review of a Land Use Board of Appeals (LUBA) order that dismissed for lack of jurisdiction their challenge to respondents' adoption of a public wastewater treatment facility plan (the "public facilities plan" or "the plan"). We affirm.

The public facilities plan was prepared by respondent Metropolitan Wastewater Management Commission ("MWMC" or "the...

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