FILED: July 15, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

OREGONIANS IN ACTION,

Petitioner,

v.

LAND CONSERVATION AND
DEVELOPMENT COMMISSION,

Respondent,

and

McKAY CREEK VALLEY ASSOCIATION,

Intervenor.

(CA A91720)

On remand from the Oregon Supreme Court, Oregonians In Action v. LCDC, 326 Or 569, ___ P2d ___ (1998).

Judicial Review from Land Conservation and Development Commission.

Submitted on remand May 15, 1998.

Argued and submitted February 27, 1997.

David J. Hunnicutt for petitioner.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Stephanie L. Striffler, Assistant Attorney General, for respondent.

F. Blair Batson for intervenor.

Before Riggs, Presiding Judge, and Landau and Wollheim, Judges.

PER CURIAM

Affirmed.

PER CURIAM

The Supreme Court has remanded our decision in this case, Oregonians In Action v. LCDC, 147 Or App 342, 936 P2d 372 (1997), for us to reconsider in the light of Lane County v. LCDC, 325 Or 569, 942 P2d 278 (1997). 326 Or 383, ___ P2d ___ (1998). We affirm LCDC's order on the basis of Lane County.(1)

Affirmed.


1. The issues in the case that do not turn on Lane County were decided adversely to respondent's position in our previous opinion and were not affected by the Supreme Court's remand.

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