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FISCHER v. BENTON COUNTY

0810538; A143506.

260 P.3d 647 (2011)

244 Or. App. 166

Charles M. FISCHER and Lillian M. Fischer, Trustees of the Charles M. Fischer and Lillian M. Fischer Revocable Living Trust, Plaintiffs-Appellants, v. BENTON COUNTY, a political subdivision of the State of Oregon; Mark Lindgren; Josephine Alexander; Jeff Peterman; and Elizabeth Peterman, Defendants-Respondents.

Court of Appeals of Oregon.

Decided July 13, 2011.

Attorney(s) appearing for the Case

George B. Heilig , Corvallis, argued the cause for appellants. With him on the briefs was Heilig Misfeldt & Armstrong, LLP.

Vance M. Croney argued the cause and filed the brief for respondent Benton County.

Ralph O. Bloemers argued the cause and filed the brief for respondents Mark Lindgren , Josephine Alexander , Jeff Peterman , and Elizabeth Peterman .

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

HASELTON, P.J.

Plaintiffs Charles M. and Lillian M. Fischer (the Fischers) appeal the circuit court's judgment in a writ of review proceeding that affirmed respondent Benton County's1 determination that the Fischers have a vested right to complete a subdivision of their property in compliance with waivers issued pursuant to Ballot Measure 37 (2004)2 but do not have a vested right to establish seven residential...

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