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SMEJKAL v. STATE EX REL. DAS.

C082694CV, C082695CV, C082696CV, C082697CV, C082698CV, C082699CV, C082700CV, C082701CV, C082702CV; A141836.

246 P.3d 1140 (2010)

239 Or. App. 553

James A. SMEJKAL, Plaintiff-Appellant, v. STATE of Oregon, by and through the DEPARTMENT OF ADMINISTRATIVE SERVICES, and by and through the DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT; and Washington County, Defendants-Respondents.

Court of Appeals of Oregon.

Decided December 15, 2010.

Attorney(s) appearing for the Case

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

Stephanie L. Striffler , Senior Assistant Attorney General, argued the cause for respondent State of Oregon. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

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

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

SERCOMBE, J.

Plaintiff appeals a judgment dismissing his claims against defendants, State of Oregon and Washington County, in nine consolidated cases. The second amended complaint in each case alleged that both defendants breached contracts with plaintiff to waive the application of specific state or local land use regulations that would otherwise restrict the use of plaintiff's property. The complaints further asserted that a state statute impaired the obligations...

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