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PETE'S MT. HOMEOWNERS ASS'N v. CLACKAMAS CTY.

2008065; A140272.

204 P.3d 802 (2009)

227 Or. App. 140

PETE'S MOUNTAIN HOMEOWNERS ASSOCIATION, Jerry L. Schlesser, and Judith Lee Messner, Respondents, v. CLACKAMAS COUNTY, Respondent below, and Donald Bowerman, W. Leigh Campbell, and Ceille Campbell, Petitioners.

Court of Appeals of Oregon.

Decided April 1, 2009.

Attorney(s) appearing for the Case

Daniel Kearns argued the cause for petitioners. With him on the brief was Reeve Kearns, PC, Portland.

Jeffrey L. Kleinman, Portland, argued the cause and filed the brief for respondents.

Edward P. Fitch and Bryant, Emerson & Fitch, LLP, Redmond, filed the brief amicus curiae for John Arnett, Frank Rencher, Shelley Hudspeth, David Hurtley, Laura Harry, Marie Harry, Dale Landrus, Ernest Hannan, Arletta Hannan, and Gordon Shown.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Attorney-in-Charge, Civil/Administrative Appeals, filed the brief amicus curiae for Department of Land Conservation and Development.

Edward H. Trompke and Jordan Schrader Ramis PC, Lake Oswego, filed the brief amicus curiae for Charles Hoff.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

In this land use case, petitioners obtained waivers of applicable land use laws under Ballot Measure 37 (2004). With those waivers in hand, they then applied with the county to construct a subdivision in an area zoned for agricultural and forest use. While their application was pending, the voters enacted Ballot Measure 49 (2007), which essentially supersedes Measure 37 and renders Measure 37 waivers without legal effect. The question in this case is...

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