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STATE EX REL. DODD v. JOSEPH

SC S39163.

833 P.2d 1273 (1992)

313 Or. 333

STATE ex rel Thomas and Doris DODD, Plaintiffs-Relators, v. George M. JOSEPH, Chief Judge of the Court of Appeals, and the Court of Appeals, Defendants.

Supreme Court of Oregon, In Banc.

Decided June 18, 1992.

Attorney(s) appearing for the Case

Richard M. Stephens, Pacific Legal Foundation, Portland, argued the cause and filed the brief, for plaintiffs-relators.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause and filed the brief, for defendants. With him on the brief, were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

GRABER, Justice.

In this mandamus proceeding, we consider whether the Court of Appeals must vacate its order dismissing the cross-petition for judicial review filed in that court by relators. We conclude that the Court of Appeals must vacate its order of dismissal, and we direct that a writ issue accordingly.

Relators are persons whose property is affected by a final order of the Land Use Board of Appeals (LUBA). Relators filed a petition for judicial review...

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