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DODD v. HOOD RIVER COUNTY

No. 93-35207.

59 F.3d 852 (1995)

Thomas DODD and Doris Dodd, Plaintiffs-Appellants, v. HOOD RIVER COUNTY, An Oregon Municipal Corporation, Defendant-Appellee, and State of Oregon, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 29, 1995.

Attorney(s) appearing for the Case

John M. Groen, Pacific Legal Foundation, Bellevue, WA, for plaintiffs-appellants.

Lisa E. Lear, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, OR, for defendant-appellee.

Stephanie L. Striffler, Asst. Atty. Gen., Salem, OR, for defendant-intervenor-appellee.

Before ALDISERT, TANG and THOMPSON, Circuit Judges.

Opinion by Judge ALDISERT; Dissent by Judge TANG.

ALDISERT, Circuit Judge.

This appeal requires us first to decide whether the district court erred in dismissing for lack of ripeness the Fifth Amendment taking claim brought by Appellants Thomas and Doris Dodd, owners of real estate in Hood River County, Oregon. If we conclude that the issue is now ripe for decision, we must then decide what contentions may now be met on the merits, and if so, whether we should...

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