Rajneesh Medical Corp. v. Wasco County

Oregon Supreme Court

Rajneesh Medical Corp. v. Wasco County

706 P.2d 948, 300 Or. 107, 1985 Ore. LEXIS 1562

CourtOregon Supreme Court

DecidedOctober 1, 1985

Docket84-064; 84-065; 84-066; 84-067; CA A34040; SC S31550

StatusPublished

Cited by2 cases

This text of 706 P.2d 948 (Rajneesh Medical Corp. v. Wasco County) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rajneesh Medical Corp. v. Wasco County, 706 P.2d 948, 300 Or. 107, 1985 Ore. LEXIS 1562 (Or. 1985).

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Opinion

[110]*110MEMORANDUM OPINION

We allow the City of Rajneeshpuram’s petition for review to consider whether Wasco County is excused from the requirement of ORS 197.190 that it coordinate its comprehensive plan with the City of Rajneeshpuram, an affected jurisdiction within the county planning area. LUBA held that the county did not need to coordinate with the city because the validity of the city’s incorporation remains at issue in the proceeding directly challenging the incorporation. See 1000 Friends of Oregon v. Wasco County, 299 Or 344, 703 P2d 207 (1985), which remanded certain questions regarding Wasco County’s approval of the incorporation petition and authorization of the incorporation election to LUBA. The Court of Appeals affirmed per curiam. 72 Or App 186, 694 P2d 997 (1985).

In Perkins v. City of Rajneeshpuram, 300 Or 1, 706 P2d 949 (1985), we held that a collateral attack against the city’s validity was barred by ORS 12.270(4).¹ In the case at bar, we hold that the county must coordinate with the city because the county’s collateral attack in this proceeding on the city’s validity is time-barred. The Court of Appeals is affirmed in all other respects, and the case is remanded to LUBA for remand to Wasco County for further proceedings not inconsistent with this opinion.

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[110]*110MEMORANDUM OPINION

We allow the City of Rajneeshpuram’s petition for review to consider whether Wasco County is excused from the requirement of ORS 197.190 that it coordinate its comprehensive plan with the City of Rajneeshpuram, an affected jurisdiction within the county planning area. LUBA held that the county did not need to coordinate with the city because the validity of the city’s incorporation remains at issue in the proceeding directly challenging the incorporation. See 1000 Friends of Oregon v. Wasco County, 299 Or 344, 703 P2d 207 (1985), which remanded certain questions regarding Wasco County’s approval of the incorporation petition and authorization of the incorporation election to LUBA. The Court of Appeals affirmed per curiam. 72 Or App 186, 694 P2d 997 (1985).

In Perkins v. City of Rajneeshpuram, 300 Or 1, 706 P2d 949 (1985), we held that a collateral attack against the city’s validity was barred by ORS 12.270(4).¹ In the case at bar, we hold that the county must coordinate with the city because the county’s collateral attack in this proceeding on the city’s validity is time-barred. The Court of Appeals is affirmed in all other respects, and the case is remanded to LUBA for remand to Wasco County for further proceedings not inconsistent with this opinion.

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Bluebook (online)

706 P.2d 948, 300 Or. 107, 1985 Ore. LEXIS 1562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rajneesh-medical-corp-v-wasco-county-or-1985.

Opinion

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