STATE EX REL. ENGLISH v. MULTNOMAH COUNTY

CC 070708042; CA A137217; SC S057387.

238 P.3d 980 (2010)

348 Or. 417

STATE ex rel. Dorothy ENGLISH, Deceased, by and through Douglas James SELLERS, Personal Representative of the Estate of Dorothy English, Deceased, Respondent on Review, v. MULTNOMAH COUNTY, a public corporation incorporated in the State of Oregon; Carol Ford, in her capacity as Director of the Department of County Management for Multnomah County; and Mindy Harris, in her capacity as Finance Officer for Multnomah County, Petitioners on Review.

Supreme Court of Oregon.

Decided June 17, 2010.


Attorney(s) appearing for the Case

Stephen L. Madkour , Assistant County Attorney, Office of Multnomah County Attorney, Portland, argued the cause and filed the brief for petitioners on review. With him on the brief was Agnes Sowle , County Attorney for Multnomah County.

D. Joe Willis , Schwabe, Williamson & Wyatt, P.C., Portland, argued the cause for respondent on review. With him on the brief were Michael T. Garone and Andrew J. Lee.

Stephanie L. Striffler , Senior Assistant Attorney General, Salem, filed a brief for amicus curiae State of Oregon. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Barton C. Bobbitt , Sisters, and Jeannette L. Moore , The Gilroy Law Firm, PC, Tigard, filed a brief for amici curiae Virginia Louise Bleeg , Darrin Black , Roger J. Miracle , Ann M. Miracle , Harold MacLaughlan , and Rebeca MacLaughlan.

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


BALMER, J.

This mandamus action requires us to determine the effect of a final judgment, containing a "money award," that was entered "pursuant to" Measure 37, a land use statute that applies here but that has now been substantially superseded by later legislation. Dorothy English, an owner of land in Multnomah County, filed a cause of action under Measure 37 against the county, ultimately obtaining a judgment "against [the county] for just compensation pursuant to...

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