STATE EX REL. DLCD v. LINN COUNTY

083137; A144528.

278 P.3d 83 (2012)

249 Or. App. 537

STATE of Oregon, by and through the DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Plaintiff-Appellant, Cross-Respondent, and Friends of Linn County, an Oregon nonprofit organization; and John Mouille, an individual, Intervenors-Plaintiffs, Cross-Respondents, v. LINN COUNTY, Defendant-Respondent, and Eugene Glender and Viola Glender, Intervenors-Defendants, Cross-Appellants.

Court of Appeals of Oregon.

Decided May 2, 2012.


Attorney(s) appearing for the Case

Denise G. Fjordbeck , Attorney-in-Charge, Civil/Administrative Appeals, argued the cause for appellant-cross-respondent. On the opening brief were John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Tiffany Keast , Assistant Attorney General. On the reply brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Tiffany Keast , Assistant Attorney General.

Ralph O. Bloemers argued the cause for cross-respondents. With him on the brief was Crag Law Center and Sean T. Malone .

Joel D. Kalberer , Albany, argued the cause for cross-appellants. With him on the briefs was Weatherford, Thompson, Cowgill, Black & Schultz, P.C.

Eugene J. Karandy II waived appearance for respondent.

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


HASELTON, C.J.

Plaintiff, State of Oregon through the Department of Land Conservation and Development (DLCD), appeals a judgment in a writ of review proceeding that reversed and remanded defendant Linn County's1 determination that Eugene and Viola Glender have a vested right to complete development of a 16-lot residential subdivision in compliance with county and state waivers issued pursuant to Ballot Measure 37 (2004).

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases