MAGUIRE v. CLACKAMAS COUNTY

2011040; A150183.

279 P.3d 314 (2012)

250 Or. App. 146

Brian MAGUIRE, Petitioner, v. CLACKAMAS COUNTY, Respondent.

Court of Appeals of Oregon.

Decided May 31, 2012.


Attorney(s) appearing for the Case

Anne C. Davies argued the cause and filed the brief for petitioner.

Scott Ciecko , Assistant County Counsel, waived appearance for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


WOLLHEIM, J.

The owners of a 21.35-acre parcel zoned for exclusive farm use (EFU) in Clackamas County, applied for and received a Measure 37 waiver of land use regulations and sought to partition the property and develop it for 23 home sites. After the passage of Measure 49, they elected supplemental review of their Measure 37 claim under section 6 of Measure 49 and sought approval for three additional home sites. The Department of Land Conservation and Development...

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