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CYRUS v. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES

05CV0511MA, 05CV0560ST; A133381.

202 P.3d 274 (2009)

226 Or. App. 1

O. Keith CYRUS and Conida E. Cyrus, husband and wife, Petitioners-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, Respondent-Respondent, and Central Electric Cooperative, Inc., an active Oregon cooperative, Intervenor-Respondent. The Trail Crossing Trust, Petitioner-Appellant, v. Board Of County Commissioners Of Deschutes County, Respondent-Respondent, and Central Electric Cooperative, Inc., an active Oregon cooperative, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided February 18, 2009.

Attorney(s) appearing for the Case

Michael T. Garone, Portland, argued the cause for appellants. With him on the joint opening brief were Donald Joe Willis, Bend, Sara Kobak, Portland, and Schwabe, Williamson & Wyatt, and Michael W. Peterkin, Bend, Brian C. Hickman, and Peterkin & Associates. With him on the joint reply brief were Donald Joe Willis and Schwabe, Williamson & Wyatt, and Michael W. Peterkin, Brian C. Hickman, and Peterkin & Associates.

Martin E. Hansen, Bend, argued the cause for intervenor-respondent. On the brief were Gerald A. Martin, Michael H. McGean, Bend, and Francis Hansen & Martin LLP.

No appearance for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

BREWER, C.J.

This case arises out of consolidated writ of review proceedings involving O. Keith Cyrus and Conida E. Cyrus and The Trail Crossing Trust (petitioners), and Central Electric Cooperative (CEC). Petitioners initiated the writ of review proceedings to challenge an order issued by the Deschutes County Board of Commissioners that approved a claim filed by CEC under Ballot Measure 37, codified as ORS 197.352 (2005). CEC sought just compensation under Measure...

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