Legal Opinion
Bay River, Inc. v. Environmental Quality Commission
Court of Appeals of Oregon
Decided September 13, 1976No. 34876, CA 5017PublishedCited by 59 opinions
1Opinion of the CourtSchwab, C. J.
Defendants appeal from a decree of the circuit court directing the Department of Environmental Quality (DEQ) to issue to plaintiff Bay River Corporation subsurface sewage disposal permits for Bay River’s planned Fairway Heights housing development in Lincoln County. The dispositive issue on appeal is the jurisdiction of the circuit court to entertain this suit.
I
As a precondition of obtaining county building permits for construction of Fairway Heights, Bay River was required to obtain a feasibility permit for its proposed subsurface sewage disposal system for the development from the DEQ. On…
2Cases cited7 opinions
- McKart v. United StatesSupreme Court of the United States · 1969
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- School District No. 48 v. Fair Dismissal Appeals BoardCourt of Appeals of Oregon · 1973
- Northwest Environmental Defense Center v. Mid-Willamette Air Pollution AuthorityCourt of Appeals of Oregon · 1974
- Willamette Valley Lumber Co. v. State Tax CommissionOregon Supreme Court · 1961
2 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
- Loop, Inc. v. Collector of RevenueSupreme Court of Louisiana · 1988
- Auger v. D.C. Board of Appeals & ReviewDistrict of Columbia Court of Appeals · 1984
- Mendieta v. STATE, DIVISION OF STATE LANDSCourt of Appeals of Oregon · 1997
- Ashland Drilling, Inc. v. Jackson CountyCourt of Appeals of Oregon · 2000
54 more not listed; retrieve them via the Exa API.