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McKNIGHT v. LCDC

CA A31007; CA A30750.

704 P.2d 1153 (1985)

75 Or.App. 627

Bonnie McKnight, James W. Senecal, Ma Prem Debal, the Rajneeshville Incorporation Committee, Swami Krishna Deva, Swami Deva Wadud, Swami Anand Devalaya, Rajneesh Foundation International, Rajneesh Investment Corporation, Rajneesh Neo-Sannyas International Commune, Rajneesh Financial Services Trust, Neo-Balance Corporation and Rajneesh Travel Corporation, Petitioners, v. THE LAND CONSERVATION AND DEVELOPMENT COMMISSION, Respondent. City of Rajneeshpuram, Petitioner, v. Land Conservation and Development Commission, Respondent.

Court of Appeals of Oregon.

Decided August 7, 1985.

Attorney(s) appearing for the Case

Edward J. Sullivan, Portland, and Ma Prem Sangeet, Rajneeshpuram, argued the cause for petitioners. With them on briefs were Timothy V. Ramis, and O'Donnell, Sullivan & Ramis, Portland.

Jeff Bennett, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Michael B. Huston, Asst. Atty. Gen., Salem.

Before JOSEPH, C.J., and WARREN and ROSSMAN, JJ.

JOSEPH, Chief Judge.

The petitioners in these consolidated proceedings under ORS 183.400 challenge the validity of the Land Conservation and Development Commission's "Administrative Rule for Application of the Statewide Planning Goals to the Incorporation of New Cities." OAR 660-14-000 et seq.1

Petitioners first contend that the rule exceeds LCDC's statutory rule-making authority...

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