West Side Sanitary District v. Health Division of the Department of Human Resources

This is the fourth of four related cases decided this date presenting questions concerning the compulsory annexation of a territory by the City of Klamath Falls (City) to remove a danger to public health. The instant case arises from a petition for judicial review of the final order of the Environmental Quality Commission (EQC) certifying its approval of the City’s plans for alleviating or removing the conditions causing a danger to public health in the territory. The Court of Appeals affirmed, 42 Or App 755, 601 P2d 858 (1979). We granted review.

In December, 1977, the Klamath County Board of…