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DODD v. HOOD RIVER COUNTY

No. 97-35124.

136 F.3d 1219 (1998)

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

United States Court of Appeals, Ninth Circuit.

Decided February 13, 1998.

Attorney(s) appearing for the Case

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

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

Stephanie L. Striffler, Special Counsel to the Attorney General of Oregon, Salem, Oregon, for defendant-intervenor-appellee.

Before: ALDISERT, PREGERSON and TROTT, Circuit Judges.

ALDISERT, Circuit Judge:

This latest chapter of the long-running state and federal judicial saga in the zoning controversy between Thomas and Doris Dodd on one side and Hood River County and the State of Oregon on the other requires us to decide whether the Dodds are entitled to compensation under the Fifth Amendment's Takings Clause that was denied them in previous state court and agency proceedings involving takings under...

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