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BIGGERSTAFF v. BD. OF COUNTY COMMISSIONERS

CV080224; A140978.

245 P.3d 688 (2010)

240 Or. App. 46

Jeanne BIGGERSTAFF and Carr Biggerstaff, wife and husband, Petitioners-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF YAMHILL COUNTY, an Oregon municipal corporation; Ralph E. Johnson and Norma J. Johnson, Trustees of the Johnson Living Trust, dated June 16, 1995, Respondents-Respondents.

Court of Appeals of Oregon.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Charles Swindells , Portland, argued the cause and filed the brief for appellants.

Edward H. Trompke , Lake Oswego, argued the cause for respondents Ralph E. Johnson and Norma J. Johnson, Trustees of the Johnson Living Trust, dated June 16, 1995. With him on the brief was Jordan Schrader Ramis PC.

John M. Gray, Jr. , waived appearance for respondent Board of County Commissioners of Yamhill County.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

HASELTON, P.J.

Petitioners appeal the circuit court's judgment in a writ of review proceeding that affirmed the county's determination that respondents Ralph E. and Norma J. Johnson (the Johnsons) have a vested right to complete development of a 41-lot residential subdivision in compliance with county and state waivers issued pursuant to Ballot Measure 37 (2004).1 On appeal, petitioners contend that the reviewing court misconstrued the...

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