MARTIN v. LANE COUNTY

A154387.

383 P.3d 903 (2016)

281 Or.App. 285

Thomas J. MARTIN, Trustee, for the B & C Family Trust, Plaintiff-Appellant, v. LANE COUNTY, a political subdivision of the State of Oregon, Defendant-Respondent.

Court of Appeals of Oregon.

September 28, 2016.


Attorney(s) appearing for the Case

Michael Vergamini, Eugene, argued the cause and filed the brief for appellant.

Stephen E. Dingle argued the cause for respondent. With him on the brief was Lane County Office of Legal Counsel.

Before Sercombe, Presiding Judge, and Hadlock, Chief Judge, and Tookey, Judge.


Petitioner, who owns land in rural Lane County that he would like to develop, filed a petition seeking declaratory relief under ORS 28.020 to 28.160, in the form of a declaration that the zoning of his property is subject to a "special ordinance" enacted by the county in 1979, rather than the subsequently enacted comprehensive plan...

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