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FRIENDS OF YAMHILL CTY. v. BOARD OF COM'RS

(CC CV080305; CA A140899; SC S058915).

264 P.3d 1265 (2011)

351 Or. 219

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

Supreme Court of Oregon.

Decided October 20, 2011.

Attorney(s) appearing for the Case

Charles F. Hudson, Lane Powell PC, Portland, argued the cause and filed the brief for petitioner on review.

Ralph O. Bloemers, Crag Law Center, Portland, argued the cause and filed the brief for respondent on review.

James N. Westwood, Stoel Rives LLP, Portland, filed the brief for amicus curiae Charles J. McClure and Ellen R. McClure.

Stephen T. Janik, Ball Janik LLP, Portland, filed the brief for amicus curiae Eileen Marie Cadle Martinson.

Denise G. Fjordbeck, Assistant Attorney General, Salem, filed the brief for amicus curiae Department of Land Conservation and Development. With her on the brief were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General.

Sean T. Malone, Eugene, filed the brief for amici curiae Friends of Polk County and Gloria Bennett.

Lane P. Shetterly, Shetterly, Irick & Ozias, Dallas, filed the brief for amicus curiae Floyd Prozanski.

Before DE MUNIZ, Chief Justice, and DURHAM, KISTLER, BALMER, LINDER, and LANDAU, Justices.

KISTLER, J.

The question in this case is whether a landowner holding a Measure 37 waiver had a common law vested right to construct a residential subdivision that he had begun but not completed by the effective date of Measure 49. Yamhill County found that the costs that the landowner had incurred were sufficient to establish a vested right to complete construction of the subdivision, and the circuit court upheld the county's decision on a writ of review. The Court...

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