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DAVIS v. JEFFERSON COUNTY

08CV0042; A141921.

245 P.3d 665 (2010)

239 Or. App. 564

Steve DAVIS, Petitioner-Appellant, v. JEFFERSON COUNTY, Respondent-Respondent, and Connie Shown, as Personal Representative of the Estate of Gordon Shown, Intervenor-Respondent-Respondent.

Court of Appeals of Oregon.

Decided December 15, 2010.

Attorney(s) appearing for the Case

Jannett Wilson , Eugene, argued the cause for appellant. With her on the briefs was Western Environmental Law Center.

Edward P. Fitch , Redmond, argued the cause for respondent Connie Shown. With him on the brief was Bryant, Emerson & Fitch, LLP.

No appearance for respondent Jefferson County.

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

SERCOMBE, J.

This case arises under Measure 49, a law adopted by the voters in 2007. Measure 49 qualifies property for special zoning allowances if, among other things, the right to develop the property vested under the common law. The county determined that claimant's right to continue development of a residential subdivision had vested and that the subdivision was eligible for the zoning allowance provided under Measure 49.1 Petitioner...

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