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BRUNER v. JOSEPHINE COUNTY

08CV0404; A140018.

246 P.3d 46 (2010)

240 Or. App. 276

A.L. BRUNER and Marilyn Bruner, Plaintiffs-Appellants, v. JOSEPHINE COUNTY, a political subdivision of the State of Oregon, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Jack H. Swift , Grants Pass, argued the cause and filed the briefs for appellants.

Steven E. Rich , Josephine County Legal Counsel, argued the cause and filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Plaintiffs filed a complaint asserting a number of claims against Josephine County. The claims were based on the county's failure to give effect to its Measure 37 waiver of land use restrictions on plaintiffs' property. The county no longer recognized the waiver after it was repealed by Measure 49. Plaintiffs pleaded that the county's enforcement of Measure 49 in this manner was a breach of contract and a deprivation of a number of constitutional rights...

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