ASHLAND DRILLING, INC. v. JACKSON COUNTY

(95-5149-E2; CA A101416)

4 P.3d 748 (2000)

168 Or. App. 624

ASHLAND DRILLING, INC., Darryl Baker, Richard Fujas, Elizabeth Fujas and Oregon Ground Water Association, Appellants, v. JACKSON COUNTY, Cliff S. Bentz, John Frewing, Anita Johnson, Nancy Leonard, Michael Jewett, Tyler Hansel, Commissioners of the Oregon Water Resources Commission, acting in their personal capacities, and Martha O. Pagel, Director, acting in her personal capacity, Respondents.

Court of Appeals of Oregon.

Decided June 28, 2000.


Attorney(s) appearing for the Case

Garry P. McMurry, Portland, argued the cause and filed the briefs for appellants.

Steven R. Rinkle, Assistant County Counsel, argued the cause for respondent Jackson County. With him on the brief was Arminda J. Brown, Jackson County Counsel.

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for respondents Cliff S. Bentz, John Frewing, Anita Johnson, Nancy Leonard, Michael Jewett, Tyler Hansel, Commissioners of the Oregon Water Resources Commission, and Martha O. Pagel, Director of Oregon Water Resources Department. With her on the brief were Hardy Myers, Attorney General, and Michael G. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.


WOLLHEIM, J.

Plaintiffs1 appeal a judgment granting defendants' motions for summary judgment. Plaintiffs requested both declaratory and injunctive relief against the Water Resources Commission (state) and Jackson County (county) under the Declaratory Judgment Act, ORS 28.010, and under ORS 28.080. The trial court held that the Oregon Ground Water Act of 1955(Act) did not preempt two Jackson County ordinances and granted summary judgment...

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