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NORWOOD v. WASHINGTON COUNTY

C080648CV; A141547.

245 P.3d 659 (2010)

239 Or. App. 542

Douglas NORWOOD, Myrtle Norwood, James Smejkal, and Richard Titus, Plaintiffs-Appellants, v. WASHINGTON COUNTY, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 15, 2010.

Attorney(s) appearing for the Case

William C. Cox , Portland, argued the cause for appellants. With him on the brief was Gary P. Shepherd.

Christopher A. Gilmore , Senior Assistant County Counsel, argued the cause for respondent. With him on the brief was Office of Washington County Counsel.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

This case presents another question about the meaning of Measure 49, the referendum that replaced Measure 37 and altered its remedies for a reduction in property value caused by a land use regulation. In particular, Measure 49 changed the legal effect of any state or local government waiver of restrictive land use regulations that had been obtained as a Measure 37 remedy ("Measure 37 waiver"). Plaintiffs obtained a Measure 37 waiver from the county in...

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