JOHNSON v. DESCHUTES COUNTY EX REL. BOARD OF CTY. COMM.

09CV0114AB; A144929.

274 P.3d 884 (2012)

249 Or. App. 60

John JOHNSON, Petitioner-Respondent, v. DESCHUTES COUNTY, a political subdivision of the State of Oregon, acting by and through its BOARD OF COUNTY COMMISSIONERS, Respondent-Appellant.

Court of Appeals of Oregon.

Decided March 28, 2012.


Attorney(s) appearing for the Case

Steven Griffin argued the cause and filed the briefs for appellant.

Lisa D.T. Klemp argued the cause for respondent. With her on the brief were Edward P. Fitch and Bryant, Emerson & Fitch, LLP.

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


HASELTON, P.J.

Respondent Deschutes County appeals the judgment in a writ of review proceeding that vacated and remanded the hearings officer's determination that petitioner John Johnson has a vested right to complete development of one phase of his residential subdivision in compliance with waivers issued pursuant to Ballot Measure (2004) but does not have a vested right to complete the remaining three phases of the subdivision. On appeal, the county contends,

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