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LUETHE v. MULTNOMAH COUNTY

060909466; A138836.

246 P.3d 487 (2010)

240 Or. App. 263

Larry L. LUETHE and Laura B. Luethe, husband and wife, Plaintiffs-Appellants, v. MULTNOMAH COUNTY, a political subdivision of the State of Oregon; Department of Land Conservation and Development, an agency of the State of Oregon; Land Conservation and Development Commission, an agency of the State of Oregon; Department of Environmental Quality, an agency of the State of Oregon; Department of Forestry, an agency of the State of Oregon; and Department of Administrative Services, an agency of the State of Oregon, Defendants-Respondents.

Court of Appeals of Oregon.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Stephen F. Crew , Portland, argued the cause for appellants. With him on the briefs were Kristian Roggendorf , Peter B. Janci , and O'Donnell Clark & Crew LLP.

Stephen L. Madkour , Assistant County Attorney, argued the cause for Respondent Multnomah County, Oregon. With him on the brief was Agnes Sowle , County Attorney for Multnomah County, Oregon.

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

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

SERCOMBE, J.

This is another case requiring us to consider the meaning and application of Measure 49, the referendum that replaced Measure 37 and altered its remedies for reduction in property value caused by a land use regulation. Plaintiffs, who filed suit seeking compensation under Measure 37, appeal the subsequent dismissal of that suit on mootness grounds precipitated by the enactment of Measure 49. On appeal, they advance two general arguments: (1) they have...

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