SCHULTZ v. CITY OF GRANTS PASS

92-CV-0006; CA A77006.

884 P.2d 569 (1994)

131 Or. App. 220

Louis F. SCHULTZ and Anna May Schultz, Appellants, v. CITY OF GRANTS PASS, an Oregon municipal corporation, Respondent.

Court of Appeals of Oregon.

Decided November 2, 1994.


Attorney(s) appearing for the Case

James R. Dole, Grants Pass, argued the cause for appellants. With him on the brief was Schultz, Salisbury, Cauble, Versteeg & Dole.

Timothy J. Sercombe, Portland, argued the cause for respondent. With him on the brief was Preston Thorgrimson Shidler Gates & Ellis.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.


LANDAU, Judge.

The City of Grants Pass (the city) approved petitioners' application to partition a parcel of property, subject to a number of conditions. Petitioners requested a writ of review, challenging the constitutionality of the conditions under the Takings Clause of the Fifth Amendment. The trial court entered judgment in favor of the city. We reverse and remand.

Petitioners own a 3.85-acre parcel of real property, located within the acknowledged urban...

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