DOLAN v. CITY OF TIGARD

LUBA 91-161; CA A73769; SC S39393; USSC 93-518.

877 P.2d 1201 (1994)

319 Or. 567

John T. DOLAN and Florence Dolan, Petitioners on Review, v. CITY OF TIGARD, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided August 11, 1994.


Attorney(s) appearing for the Case

David B. Smith, Tigard, for petitioners on review.

James M. Coleman, O'Donnell, Ramis, Crew & Corrigan, Portland, for respondent on review.

Daniel J. Popeo and Paul D. Kamenar, Washington, DC, and Gregory S. Hathaway, Garvey, Schubert & Barer, Portland, for amicus curiae Washington Legal Foundation.

Timothy J. Sercombe and Edward J. Sullivan, Preston, Thorgrimson, Shidler, Gates, & Ellis, Portland, for amicus curiae 1000 Friends of Oregon.

Ronald A. Zumbrun and Robin L. Rivett, Sacramento, CA, and Richard M. Stephens, Bellevue, WA, for amicus curiae Pacific Legal Foundation.


PER CURIAM.

This case is before us on remand from the Supreme Court of the United States. Dolan v. City of Tigard, ___ U.S. ___, 114 S.Ct. 2309, 129 L.Ed.2d 304 (1994).

On review, this court upheld the City of Tigard's dedication requirements that had been imposed as a condition of approval of Dolan's application to construct a larger store on her property, holding that the conditions did not amount to an unconstitutional taking of Dolan's property...

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