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DORITY v. WATER RESOURCES DEPT.

96C-10450; CA A94934.

942 P.2d 292 (1997)

149 Or. App. 124

A.D. DORITY, Jr., and Dan Dority, III, Respondents, v. WATER RESOURCES DEPARTMENT for the State of Oregon and the Water Resources Commission for the State of Oregon, Appellants.

Court of Appeals of Oregon.

Decided July 2, 1997.

Attorney(s) appearing for the Case

John T. Bagg, Assistant Attorney General, argued the cause for appellants. With him on the briefs were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Laura A. Schroeder argued the cause for respondents. With her on the brief was Kathleen L. Moss, Hermiston.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

The Water Resources Department (the department) appeals from a circuit court judgment setting aside the department's final order that rejected as untimely the protest that plaintiffs filed against the department's approval of a water use application. ORS 183.500. The question is whether the department violated ORS 537.621 when it rejected plaintiffs' protest. We conclude that it did not, ORS 183.484(4)(a), and reverse and remand.

We review for...

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