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DAMMAN v. BOARD OF COM'RS OF YAMHILL COUNTY

CV080225; A141019.

250 P.3d 933 (2011)

241 Or. App. 321

Joyce A. DAMMAN, an individual; Gary W. Damman, an individual; and Friends of Yamhill County, Inc., an Oregon non-profit corporation, Petitioners-Appellants, v. BOARD OF COMMISSIONERS OF YAMHILL COUNTY, an Oregon municipal corporation; Charles J. McClure and Ellen R. McClure, Trustees of the Charles J. McClure and Ellen R. McClure Trust, Respondents-Respondents.

Court of Appeals of Oregon.

Decided March 2, 2011.

Attorney(s) appearing for the Case

Ralph O. Bloemers argued the cause and filed the briefs for appellants.

Steven W. Abel , Portland, argued the cause for respondents Charles J. McClure and Ellen R. McClure. With him on the briefs were Charles F. Hinkle , Sarah Stauffer Curtiss , and Stoel Rives LLP.

Before SERCOMBE, Presiding Judge, and WOLLHEIM, Judge, and RIGGS, Senior Judge.

SERCOMBE, P.J.

This case concerns issues similar to those decided in Friends of Yamhill County v. Board of Commissioners, 237 Or.App. 149, 238 P.3d 1016 (2010), rev. allowed, 349 Or. 602, 249 P.3d 123 (2011). That case evaluated the legal standards that a court uses to determine whether a claimant has a "common law...

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