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FRIENDS OF YAMHILL COUNTY v. BD. OF COMR'S

CV080305; A140899.

238 P.3d 1016 (2010)

237 Or. App. 149

FRIENDS OF YAMHILL COUNTY, INC., an Oregon non-profit corporation, Petitioner-Appellant, v. BOARD OF COMMISSIONERS OF YAMHILL COUNTY, an Oregon municipal corporation; and Gordon Cook, individual resident of the State of Oregon and Yamhill County, Respondents-Respondents.

Court of Appeals of Oregon.

Decided September 1, 2010.

Attorney(s) appearing for the Case

Ralph O. Bloemers argued the cause and filed the opening brief for appellant. With him on the reply brief was Crag Law Center.

Charles F. Hudson, Portland, argued the cause for respondent Gordon Cook. With him on the brief was Lane Powell, PC.

John M. Gray, Jr., waived appearance for respondent Board of Commissioners of Yamhill County.

Before WOLLHEIM, Presiding Judge, and SERCOMBE, Judge, and DEITS, Senior Judge.

SERCOMBE, J.

This case concerns whether the circuit court applied correct legal standards in its review of a county determination that claimant had vested rights to continue development of a subdivision. The county decision under review recognized claimant's prior efforts to obtain subdivision approval and construct related improvements as sufficient to vest claimant's right to construct nine additional houses on the property. That vesting determination qualified...

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