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WEST LINN CORP. PARK v. CITY OF WEST LINN

(USCA 05-53061, 05-36062; SC S056322).

240 P.3d 29 (2010)

349 Or. 58

WEST LINN CORPORATE PARK, L.L.C., Plaintiff, v. CITY OF WEST LINN, Boris Piatski, and John Does 1-10, Defendants. West Linn Corporation Park, L.L.C., Plaintiff, v. City of West Linn, Boris Piatski, and John Does 1-10, Defendants.

Supreme Court of Oregon.

Certification Accepted December 10, 2008.

Argued and Submitted September 17, 2009.

Decided September 23, 2010.

Attorney(s) appearing for the Case

D. Joe Willis , Schwabe, Williamson & Wyatt, P.C., Portland, argued the cause and filed the brief for plaintiff. With him on the brief were Michael T. Garone and Jill S. Gelineau.

Robert E. Franz, Jr. , Springfield, argued the cause and filed the brief for defendants.

Alan M. Sorem and Hunter B. Emerick , Salem, filed a brief for amicus curiae National Association of Homebuilders.

John M. Groen , Bellevue, WA, and Meriem L. Hubbard , Sacramento, CA, filed a brief for amicus curiae Pacific Legal Foundation.

Edward J. Sullivan , Carrie A. Richter , and Harry Auerbach , Portland, filed a brief for amici curiae League of Oregon Cities, American Planning Association, and the Oregon Chapter of the American Planning Association.

Before DE MUNIZ, Chief Justice, and DURHAM, BALMER, WALTERS, KISTLER, and LINDER, Justices.

WALTERS, J.

In this case, we answer three questions certified to us by the United States Court of Appeals for the Ninth Circuit (Ninth Circuit). The questions arise from an action that West Linn Corporate Park (plaintiff) originally filed in state court against the City of West Linn (the city) alleging that the city effected a taking of plaintiff's property when the city required, as a condition of development of that property, that plaintiff construct off-site public...

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