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ALTO v. CITY OF CANNON BEACH

082665; A142171.

270 P.3d 392 (2012)

247 Or. App. 641

John ALTO and Dorothy Alto, Petitioners-Appellants, v. CITY OF CANNON BEACH, Respondent-Respondent, and George A. Larsen and Alexis Larsen, Trustees of the George and Alexis Larsen Living Trust dated April 23, 1996, Intervenors-Respondents-Respondents.

Court of Appeals of Oregon.

Decided January 25, 2012.

Attorney(s) appearing for the Case

Paul Hribernick , Portland, argued the cause for appellants. With him on the briefs were Caroline E.K. MacLaren and Black Helterline LLP.

Thomas W. Sondag , Portland, argued the cause for respondents. With him on the joint brief were Shawn M. Lindsay and Lane Powell PC, and Tamara A. Herdener.

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

HASELTON, P.J.

Petitioners appeal a judgment dismissing their writ of review proceeding concerning respondent City of Cannon Beach's decision that, pursuant to section 5(3) of Ballot Measure 49 (2007), respondents George and Alexis Larsen (the Larsens) have a vested right to complete and continue the development of the use described in their Ballot Measure 37 (2004) waiver.1 For the reasons set forth below, we conclude that, because petitioners...

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