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ROOD EX REL. RICHARDS v. COOS COUNTY

08CV0537; A141994.

246 P.3d 69 (2010)

240 Or. App. 68

Frank ROOD and Mavis Rood, by and through Janet A. RICHARDS, Guardian ad litem; Frank B. Rood and Mavis E. Rood Trust, Frank Rood, Mavis Rood, and Janet A. Richards, Co-Trustees; James Smejkal; Jerald Humbert; and East Bay View Estates, LLC, Plaintiffs-Appellants, v. COOS COUNTY and State of Oregon, by and through the Department of Administrative Services and Department of Land Conservation and Development, Defendants-Respondents.

Court of Appeals of Oregon.

Decided December 29, 2010.

Attorney(s) appearing for the Case

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

Jacqueline Haggerty argued the cause and filed the brief for respondent Coos County.

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, Jerome Lidz , Solicitor General, and Janet A. Metcalf , Senior Assistant Attorney General.

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

HASELTON, P.J.

After the trial court denied plaintiffs' motion for partial summary judgment and granted defendants' motions, it entered a judgment dismissing plaintiffs' declaratory judgment, impairment of contract, and promissory estoppel claims that concerned their right, after the enactment of Ballot Measure 49 (2007), to develop property pursuant to waivers issued by defendants under Ballot Measure 37 (2004).

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