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CURRY v. CLACKAMAS COUNTY

CV06100319; A139251.

248 P.3d 1 (2011)

240 Or. App. 531

Gerald L. CURRY and Roberta G. Curry, husband and wife, Plaintiffs-Appellants, v. CLACKAMAS 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; Department of Administrative Services, an agency of the State of Oregon, Defendants-Respondents.

Court of Appeals of Oregon.

Decided February 2, 2011.

Attorney(s) appearing for the Case

Kristian Roggendorf , Portland, argued the cause for appellants. With him on the brief was O'Donnell Clark & Crew LLP; with him on the amended reply brief were Stephen F. Crew and O'Donnell Clark & Crew LLP.

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

Steven R. Lounsbury , Clackamas County Counsel, joined the State of Oregon respondents' brief on behalf of respondent Clackamas County.

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

SERCOMBE, J.

Plaintiffs, who filed suit seeking compensation under Measure 37, appeal the subsequent dismissal of that suit following the enactment of Measure 49. On appeal, they advance three general arguments: (1) that Measure 49 does not operate retroactively so as to apply to their "cause of action" under Measure 37; (2) if Measure 49 is retroactive, its application to plaintiffs' suit violates various provisions of the state and federal constitutions, including...

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