OREGONIANS IN ACTION v. LCDC

1-1990; CA A64082.

809 P.2d 718 (1991)

106 Or.App. 721

OREGONIANS IN ACTION, Petitioner, v. LAND CONSERVATION AND DEVELOPMENT COMMISSION, Respondent, and 1000 Friends of Oregon, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided April 24, 1991.


Attorney(s) appearing for the Case

David B. Smith, Tigard, argued the cause and filed the briefs, for petitioner.

Michael D. Reynolds, Asst. Sol. Gen., argued the cause, for respondent. With him on the brief, were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and John T. Bagg, Asst. Atty. Gen., Salem.

Neal S. Kagan, Portland, argued the cause for intervenor-respondent. With him on the brief, was Robert L. Liberty, Portland.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


BUTTLER, Presiding Judge.

In this proceeding under ORS 183.400, petitioner challenges the validity of LCDC's amendments to Goal 4 and its adoption of certain rules, codified in OAR Chapter 660, Division 6, that implement the amended goal.1 We hold that the amended goal and rules are valid.

Petitioner first argues that LCDC's "notice of proposed rulemaking" did not comply with the requirement of ORS 183.335(2)(b)(B) for a "statement...

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