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LARSON v. MULTNOMAH COUNTY

LUBA No. 92-100; CA A79157.

859 P.2d 574 (1993)

123 Or. App. 300

Patricia LARSON and Kenneth Larson, Petitioners, v. MULTNOMAH COUNTY, Donna Matrazzo, Stuart Sandler, Melissa Marsland, Mark Valeske, Julie Valeske, Jerome Degraaf, Jack Sanders, Sauvie Island Conservancy and Friends of Retaining Channel Environment, Respondents.

Court of Appeals of Oregon.

Decided September 22, 1993.

Attorney(s) appearing for the Case

David B. Smith and Dorothy S. Cofield, Tigard, for petitioners.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

On Petitioners Petition for Reconsideration July 21, 1993.

DEITS, Presiding Judge.

Petitioners seek Supreme Court review and, thereby, our reconsideration of our opinion holding that their state and federal constitutional taking claims are not ripe for adjudication, and rejecting their argument that they come within the "futility exception" to the ripeness requirement. We allow reconsideration, clarify our opinion and adhere to it as clarified.

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