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ART PICULELL GROUP v. CLACKAMAS COUNTY

LUBA No. 95-092; CA A92128.

922 P.2d 1227 (1996)

142 Or. App. 327

ART PICULELL GROUP, Petitioner, v. CLACKAMAS COUNTY, Respondent.

Court of Appeals of Oregon.

Decided July 31, 1996.

Attorney(s) appearing for the Case

Jeff H. Bachrach, Portland, argued the cause for petitioner. With him on the brief were Timothy V. Ramis, G. Frank Hammond and O'Donnell, Ramis, Crew, Corrigan & Bachrach, Portland.

Michael E. Judd, Chief Assistant County Counsel, argued the cause for respondent. With him on the brief was Clackamas County Counsel.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

DEITS, P.J.

Petitioner applied to Clackamas County for approval of a subdivision. The county granted the application, subject to conditions, including the dedication and road improvement condition that is involved in this case. Petitioner appealed to LUBA, arguing that the condition violates the Takings Clause of the Fifth Amendment, as construed in Dolan v. City of Tigard, 512 U.S. 374

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