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JACKSON COUNTY v. BEAR CREEK VALLEY, ETC.

LUBA 80-090; CA 19535; SC 28143.

645 P.2d 532 (1982)

293 Or. 121

JACKSON COUNTY, Oregon, a Political Subdivision of the State of Oregon; City of Ashland, Oregon; League of Women Voters of Ashland; Citizens for a Livable Future and League of Women Voters of the Rogue Valley, Respondents On Review, v. BEAR CREEK VALLEY SANITARY AUTHORITY, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided May 18, 1982.

Attorney(s) appearing for the Case

Manville M. Heisel, Medford, argued the cause for petitioner on review.

John L. Dubay, Jackson County Counsel, Medford, argued the cause and filed an answering brief for respondent on review Jackson County.

Robert E. Stacey, Jr., Portland, argued the cause and filed a response to the petition for review for respondents on review City of Ashland, League of Women Voters of Ashland, Citizens for a Livable Future and League of Women Voters of the Rogue Valley.

Mary J. Deits, Salem, filed a brief amicus curiae for Dept. of Land Conservation and Development in the Court of Appeals. With her on the brief were Dave Frohnmayer, Atty. Gen., John McCulloch, Jr., Sol. Gen. and William F. Gary, Deputy Sol. Gen., Salem.

Michael H. Arant, Medford, filed a brief amicus curiae for the Special Districts Ass'n of Oregon in the Court of Appeals.

LINDE, Justice.

Jackson County adopted elements of a comprehensive land use plan that included policies concerning sewer extensions inconsistent with a plan previously adopted by Bear Creek Valley Sanitary Authority, which operates within Jackson County. The issue to be decided is whether the adoption of these policies exceeded the county's planning authority.

The sanitary authority adopted a sewer plan in 1976. In 1978 it entered into a cooperative agreement...

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