Opinion
17133; CA A23892
Submitted on record and briefs September 2, 1982
Affirmed March 2, 1983 Reconsideration denied April 29, petition for review denied June 29, 1983 ( 295 Or. 259)
Appealed from Circuit Court, Wasco County, John Jelderks, Judge.
Mark J. Greenfield, Portland, filed the briefs for appellants.
Bernard L. Smith, District Attorney, The Dalles, filed the brief for respondents Wasco County Court.
Timothy V. Ramis and O'Donnell, Sullivan Ramis, Portland, filed the brief for respondents David Knapp, Richard S. Smith, Kent Bullock, Samadhi Matthews and Chidvalis Rajneesh Meditation Center.
Before Gillette, Presiding Judge, and Warden and Young, Judges.
PER CURIAM.
Affirmed.
We affirm the order of the Wasco County Circuit Court dismissing this writ of review proceeding on the ground that its subject matter — the decision of the Wasco County Court ordering an election concerning the proposed incorporation of the City of Rajneeshpuram — is a land use decision within the exclusive jurisdiction of the Land Use Board of Appeals. 1000 Friends of Ore. v. Wasco Co. Court, 62 Or. App. 75, 659 P.2d 1001 (1983).