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BURKE v. DLCD

CV09040752; A144975.

251 P.3d 796 (2011)

241 Or. App. 658

Thomas BURKE; and Educative, LLC, an Oregon limited liability company, Petitioners-Appellants, v. STATE of Oregon, by and through the Department of Land Conservation and Development, Respondent-Respondent.

Court of Appeals of Oregon.

Decided March 30, 2011.

Attorney(s) appearing for the Case

Gary P. Shepherd filed the briefs for appellants.

John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Denise G. Fjordbeck , Attorney-in-Charge, Civil/Administrative Appeals, filed the brief for respondent.

Before BREWER, Chief Judge, and EDMONDS, Senior Judge.

BREWER, C.J.

This is another case involving the meaning and application of Ballot Measure 49 (2007), the referendum that replaced Ballot Measure 37 (2004) and modified its remedies for reduction in property value caused by a land use regulation. The issue on appeal is whether, for purposes of a Measure 49 claim, the seller under a recorded land sale contract that is in force is, in addition to the purchaser, a qualifying "owner," as defined in ORS 195.300(18). Plaintiff...

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