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FAMILIES FOR RESP. GOV'T v. MARION CO.

No. 82-054; CA A26638.

670 P.2d 615 (1983)

65 Or.App. 8

FAMILIES FOR RESPONSIBLE GOVERNMENT, Inc., an Oregon Corporation, Chemawa Indian School Board Corporation, an Oregon Nonprofit Corporation, James G. Tryon, David Pullian, Donald Sutherland, Donald Earle, Michael J. Tryon, Emil A. Valish, Tomi Kellogg and David Stepp, Petitioners, v. MARION COUNTY AND TRANS ENERGY SYSTEMS, Inc., Respondents.

Court of Appeals of Oregon.

Decided October 12, 1983.

Reconsideration Denied November 25, 1983.

Attorney(s) appearing for the Case

Edward J. Sullivan, Salem, argued the cause for petitioners. On the brief were Corinne C. Sherton, and O'Donnell, Sullivan & Ramis, Salem.

Robert C. Cannon, County Counsel, Salem, argued the cause and filed the brief for respondent Marion County.

David A. Rhoten, and Rhoten, Rhoten & Speerstra, Salem, filed the brief for respondent Trans Energy Systems, Inc.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Petitioners appeal from an order of the Land Use Board of Appeals (LUBA) affirming a land use decision by Marion County. At the time of LUBA's decision, appeals were pending before this court from orders of the Land Conservation and Development Commission (LCDC) that acknowledged the comprehensive plans and implementing ordinances of the county and of the city of Salem.1 We subsequently reversed both acknowledgment...

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