Duane L. OLSON, Plaintiff, and
S. David Olson, Plaintiff-Respondent,
v.
STATE of Oregon, by and through the DEPARTMENT OF LAND CONSERVATION and Development, Defendant-Appellant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted August 6, 2007.
Decided May 14, 2008.
Attorney(s) appearing for the Case
Denise G. Fjordbeck, Senior Assistant Attorney General, argued the cause for appellant. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Ross Day, Portland, argued the cause for respondent. With him on the brief was Oregonians in Action Legal Center.
Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.
Court of Appeals of Oregon.
LANDAU, P.J.
Plaintiff1 filed a claim under Ballot Measure 37 (2004), ORS 197.352 (2005), with the Department of Land Conservation and Development (DLCD). DLCD denied the claim on the ground that plaintiff is not an "owner" entitled to relief under Measure 37. The trial court reversed after a trial on stipulated facts, and DLCD appealed. In the meantime, the voters enacted Ballot Measure 49 (2007), ORS 195.300 to 195.336, which substantially...
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