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CITY OF ASHLAND v. BEAR CREEK VALLEY

No. 81-008; CA A21211 and No. 81-010.

650 P.2d 975 (1982)

59 Or.App. 199

CITY OF ASHLAND, Petitioner, v. BEAR CREEK VALLEY Sanitary Authority, Respondent. Jackson County, Oregon, Petitioner, v. Bear Creek Valley Sanitary Authority, Respondent.

Court of Appeals of Oregon.

Decided September 15, 1982.

Attorney(s) appearing for the Case

Mark J. Greenfield, Portland, argued the cause and filed the brief for petitioner City of Ashland.

John L. DuBay, County Counsel, Medford, argued the cause and filed the brief for petitioner Jackson County.

Manville M. Heisel, Medford, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

BUTTLER, Presiding Judge.

Petitioners City of Ashland and Jackson County seek judicial review of a final order of the Land Use Board of Appeals (LUBA) dismissing their consolidated petitions for review of an action taken by the respondent sanitary district identifying a public health-related problem and authorizing construction of an expanded sewer system, on the ground that the action taken is not a reviewable land use decision. We reverse and remand.

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