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Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission

Oregon Court of Appeals
Apr 17, 1991
809 P.2d 1353 (Or. Ct. App. 1991)

Opinion

2470, 2471, 2472, 2473, 2479, 2590; CA A47810 (Control) A47811, A47812, A47813, A48435, A60681 (Cases Consolidated)

Argued and submitted March 18, 1991.

Affirmed April 17, 1991.

Judicial Review from Portland Metropolitan Area Local Government Boundary Commission.

Gregory W. Byrne, Portland, argued the cause for petitioners. On the briefs was George E. Birnie, Portland.

Michael D. Reynolds, Assistant Solicitor General, Salem, argued the cause for respondent Portland Metropolitan Area Local Government Boundary Commission. With him on the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Linda DeVries Grimms, Assistant Attorney General, Salem.

Matthew R. Baines, Assistant City Attorney, Gresham, argued the cause for respondent City of Gresham. With him on the brief was Thomas Sponsler, City Attorney, Gresham.

Before Richardson, Presiding Judge, and Deits and Riggs, Judges.

PER CURIAM

Affirmed.


Petitioners seek review of the boundary commission's orders approving annexations to the city. They argue that the orders are unlawful, because the statutory authority under which the commission acted constitutes an unconstitutional delegation of legislative authority. We rejected a substantially identical argument in Redland Water Dist. v. Portland Metro. Area LGBC, 63 Or. App. 641, 648-49, 665 P.2d 1241, rev den 295 Or. 541 (1983), and we do so again. Petitioners' other arguments are adversely resolved by Mid-County Future v. Port. Metro. Area LGBC (A47426), 106 Or. App. 647, 809 P.2d 1354 (1991).

Affirmed.


Summaries of

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission

Oregon Court of Appeals
Apr 17, 1991
809 P.2d 1353 (Or. Ct. App. 1991)
Case details for

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission

Case Details

Full title:MID-COUNTY FUTURE ALTERNATIVES COMMITTEE, Peter M. Smith and Dorothy…

Court:Oregon Court of Appeals

Date published: Apr 17, 1991

Citations

809 P.2d 1353 (Or. Ct. App. 1991)
809 P.2d 1353

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