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FRIENDS OF POLK COUNTY v. OLIVER

09P10349; A144372.

264 P.3d 165 (2011)

245 Or. App. 680

FRIENDS OF POLK COUNTY, an Oregon nonprofit corporation, and Gloria Bennett, individually, Petitioners-Appellants, and Gerald Bennett, individually, Petitioner below, and Eileen Marie Cadle Martinson, Petitioner-Respondent, v. Robert W. OLIVER, in his official capacity as Polk County Hearings Officer, Respondent-Respondent.

Court of Appeals of Oregon.

Decided September 28, 2011.

Attorney(s) appearing for the Case

Sean T. Malone , Eugene, argued the cause for appellants. With him on the briefs was Ralph O. Bloemers and Crag Law Center.

Stephen T. Janik , Portland, argued the cause for respondent Eileen Marie Cadle Martinson. With him on the brief were Steven P. Hultberg and Ball Janik LLP.

No appearance for respondent Robert W. Oliver.

John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Stephanie L. Striffler , Senior Assistant Attorney General, filed the brief amicus curiae for the State of Oregon.

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

SERCOMBE, J.

Petitioners Friends of Polk County and Gloria Bennett (petitioners) appeal a writ of review judgment.1 The judgment modified a decision of a Polk County hearings officer that determined that claimant Martinson (claimant) had a vested right to develop a 30-acre portion of a 137-acre tract under section 5(3) of Ballot Measure 49 (2007), but did not have a vested right to develop the entire

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