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3 <br /> 4 BEFORE THE LAND USE BOARD OF APPEALS <br /> OF THE STATE Of OREGON <br /> HOME BUILDERS ASSOCIATION OF <br /> 6 LANE COUNTY and HOME BUILDERS LUBA No. 2004-090 <br /> CONSTRUCTION COMPANY, (MWMC 2004 Facilities Plan; <br /> 7 Springfield Res. 04-19) <br /> Petitioners, <br /> 8 <br /> vs. RESPONDENT CITY OF <br /> ~) SPRINGFIELD'S MOTION TO <br /> CITY OF SPRINGFIELD,' DISMISS <br /> <br /> ll Respondent, <br /> and <br /> 13 <br /> THE METROPOLITAN WASTEWATER <br /> 13 MANAGEMENT COMMISSION, <br /> 14 Intervenor-Respondent. <br /> <br /> 15 <br /> 16 Respondent, City of Springfield, moves the Board for an order dismissing this <br /> l'/ appeal. Intervenor, Metropolitan Wastewater Management Commission (MVVMC), <br /> 18 joins in this Motion to Dismiss. Petitioner's appeal challenges a resolution adopted <br /> 19 by the City of Springfield Common Council, Resolution 04-19 (attached as Exhibit 1 <br /> 20 and by this reference incorporated 'herein). For the reasons Set forth below, LUBA <br /> 21 does not have jurisdiction to consider Re~olution 04-19 and therefore should dismiss <br /> 22 this appeal. <br /> <br /> 23 I. Background Facts. <br /> <br /> 24 Metropolitan Wastewater Management Commmission ("MWMC") is a regional <br /> <br /> 2s Commission established by an Intergovernmental Agreement, signed by the <br /> 26 governing bodies of Eugene, Springfield and Lane County in February of'1977. <br /> LEAh~ <br /> (Resolution 04-19, para. 1). The regional wastewater facilities were designed and <br /> <br />'F,~(,,),,~-4,o~ Page 1- RESPONDENT C~:~/~~GFIELD'S MOTION TO DISMISS <br /> 5-1 <br /> <br /> <br />