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CAMPBELL v. CLACKAMAS COUNTY

CV07120049 and CV07120048; A139641 (Control) and A139642.

270 P.3d 299 (2011)

247 Or. App. 467

W. Leigh CAMPBELL, Ceille W. Campbell, and Donald B. Bowerman, Plaintiffs-Appellants, v. CLACKAMAS COUNTY, Defendant-Respondent, and Friends of Clackamas County, an Oregon non-profit corporation; John Messner; Judy Messner; Tom Bray; Jeri Bray; Dave Krevanko; Terri Krevanko; Fritz Von Tagen; and Denise Von Tagen, Defendants-Intervenors-Respondents. W. Leigh Campbell, Ceille W. Campbell, and Donald B. Bowerman, Plaintiffs-Appellants, v. State of Oregon, Defendant-Respondent, and Friends of Clackamas County, an Oregon non-profit corporation; John Messner; Judy Messner; Tom Bray; Jeri Bray; Dave Krevanko; Terri Krevanko; Fritz Von Tagen; and Denise Von Tagen, Defendants-Intervenors-Respondents.

Court of Appeals of Oregon.

Decided December 29, 2011.

Attorney(s) appearing for the Case

Kristen S. David argued the cause for appellants. On the opening brief were M. Elizabeth Duncan, Charles R. Markley, and Greene & Markley, P.C. With her on the reply brief was Bowerman and David, PC.

D. Daniel Chandler, Senior Assistant County Counsel, argued the cause and filed the briefs for respondent Clackamas County.

Stephanie L. Striffler, Senior Assistant Attorney General, argued the cause for respondent State of Oregon. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Ralph O. Bloemers argued the cause and filed the brief for respondents Friends of Clackamas County, John Messner, Judy Messner, Tom Bray, Jeri Bray, Dave Krevanko, Terri Krevanko, Fritz Von Tagen, and Denise Von Tagen.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and CARSON, Senior Judge.

SERCOMBE, P.J.

This case concerns whether plaintiffs' rights to develop a residential subdivision had vested under Measure 49. In 1969, plaintiffs acquired a 62-acre tract of land in rural Clackamas County. At that time, the property's zoning allowed residences to be built on one-acre parcels. More restrictive zoning was subsequently applied that confined the uses of the property to agricultural and forestry uses. Pursuant...

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