City of Klamath Falls v. Oregon Department of Environmental Quality

Court of Appeals of Oregon

City of Klamath Falls v. Oregon Department of Environmental Quality

851 P.2d 607, 119 Or. App. 500, 1993 Ore. App. LEXIS 581

Court of Appeals of Oregon·Decided April 21, 1993·No. 9104083-CV; CA A75570·Published

Opinion

PER CURIAM

The City of Klamath Falls appeals from the trial court’s dismissal of its declaratory judgment action, in which it contended that the Department of Environmental Quality and the Environmental Quality Commission (EQC) had failed to act within one year of the city’s request for water quality certification for a hydroelectric project, and had thereby waived the certification requirement. The trial court held that it lacked jurisdiction and that exclusive jurisdiction over the issue was in this court, as part of our review of EQC’s final contested case order under ORS 183.482. The trial court was correct, and we have decided the issue in City of Klamath Falls v. Environ. Quality Comm., 119 Or App 375, 851 P2d 602 (1993).

Affirmed.

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PER CURIAM

The City of Klamath Falls appeals from the trial court’s dismissal of its declaratory judgment action, in which it contended that the Department of Environmental Quality and the Environmental Quality Commission (EQC) had failed to act within one year of the city’s request for water quality certification for a hydroelectric project, and had thereby waived the certification requirement. The trial court held that it lacked jurisdiction and that exclusive jurisdiction over the issue was in this court, as part of our review of EQC’s final contested case order under ORS 183.482. The trial court was correct, and we have decided the issue in City of Klamath Falls v. Environ. Quality Comm., 119 Or App 375, 851 P2d 602 (1993).

Affirmed.

City of Klamath Falls v. Oregon Department of Environmental Quality, 851 P.2d 607, 119 Or. App. 500, 1993 Ore. App. LEXIS 581 (Or. Ct. App. 1993).

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851 P.2d 607 (City of Klamath Falls v. Oregon Department of Environmental Quality) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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