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TIDEWATER BARGE LINES, INC. v. EQC

96C-13702; CA A98545.

974 P.2d 807 (1999)

159 Or. App. 296

TIDEWATER BARGE LINES, INC., Appellant, v. OREGON ENVIRONMENTAL QUALITY COMMISSION and Oregon Department of Environmental Quality, Respondents.

Court of Appeals of Oregon.

Decided March 17, 1999.

Attorney(s) appearing for the Case

Henry C. Breithaupt, Portland, argued the cause for appellant. With him on the opening brief were David E. Filippi, Keith M. Garza and Stoel Rives LLP.

Richard D. Wasserman, Assistant Attorney General, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before EDMONDS, Presiding Judge, and ARMSTRONG, Judge, and WARREN, Senior Judge.

WARREN, S.J.

Petitioner appeals the trial court's dismissal of its petition for review of an order of the Environmental Quality Commission (the EQC) that denied petitioner's request for a pollution control facilities tax credit for double hulling one of its barges. The court held that the petition for review was untimely. Petitioner argues that the petition was timely and that, if it was not, the EQC violated its right to due process by including incorrect information...

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