Opinion
9104083-CV; CA A75570
Argued and submitted March 3, 1993
Affirmed April 21, 1993 Reconsideration denied June 9, 1993 Petition for review denied July 27, 1993 ( 317 Or. 271)
Appeal from Circuit Court, Klamath County.
Lane Simpson, Judge.
Peter Glaser, Washington, D.C., argued the cause for appellant. With him on the brief were Doherty, Rumble Butler, Washington, D.C. and Richard M. Glick, Shelley Larkins and Davis Wright Tremaine, Portland.
John T. Bagg, Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Richardson, Chief Judge, and Rossman and Riggs, Judges.
PER CURIAM
Affirmed.
The City of Klamath Falls appeals from the trial court's dismissal of its declaratory judgment action, in which it contended that the Department of Environmental Quality and the Environmental Quality Commission (EQC) had failed to act within one year of the city's request for water quality certification for a hydroelectric project, and had thereby waived the certification requirement. The trial court held that it lacked jurisdiction and that exclusive jurisdiction over the issue was in this court, as part of our review of EQC's final contested case order under ORS 183.482. The trial court was correct, and we have decided the issue in City of Klamath Falls v. Environ. Quality Comm., 119 Or. App. 375, 851 P.2d 602 (1993).
Affirmed.