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STATE HOUSING COUNCIL v. CITY OF LAKE OSWEGO

LCDC 78-030; CA 15395; SC 27432.

635 P.2d 647 (1981)

291 Or. 878

STATE HOUSING COUNCIL and 1,000 Friends of Oregon, Petitioners, v. CITY OF LAKE OSWEGO, Land Conservation and Development Commission, Department of Land Conservation and Development, W. J. Kvarsten, Director, City of Beaverton, City of Milwaukie, and City of Gresham, Respondents.

Supreme Court of Oregon, In Banc.

Decided November 3, 1981.

Attorney(s) appearing for the Case

Robert E. Stacey, Jr., Portland, argued the cause and filed briefs for petitioners. With him on the reply brief was Mark J. Greenfield, Portland.

James M. Coleman, Lake Oswego City Atty., argued the cause and filed briefs for respondent City of Lake Oswego.

Mary J. Deits, Asst. Atty. Gen., Salem, argued the cause for respondents LCDC and DLCD. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen.

Eleanore S. Baxendale, Asst. City Atty., filed a brief for respondent City of Beaverton.

Kevin L. Hanway, Portland, filed a brief for National Association of Home Builders, Oregon State Home Builders Association, and Homebuilders Association of Metropolitan Portland as amici curiae.

PER CURIAM.

In 1978 the City of Lake Oswego adopted an ordinance subjecting various kinds of land development to certain "systems development charges" for the capital costs of streets, sewers, parks, and water systems. The State Housing Council petitioned the Land Conservation and Development Commission ("LCDC") to review this ordinance for compliance with the commission's state-wide planning goals, asserting that the ordinance was an exercise of the city's "planning...

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