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BROWN v. CITY OF MEDFORD

082689L7; A147176.

283 P.3d 367 (2012)

251 Or. App. 42

Jed BROWN, Plaintiff-Respondent, v. CITY OF MEDFORD, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 5, 2012.

Attorney(s) appearing for the Case

John R. Huttl , City of Medford, City Attorney's Office, argued the cause and filed the brief for appellant.

Erik J. Glatte , Medford, argued the cause and filed the brief for respondent.

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

SCHUMAN, P.J.

Plaintiff applied to the City of Medford for approval to partition his parcel into a northern lot and southern lot. The city's planning commission approved a tentative plan of the partition, but on the condition that plaintiff dedicate an easement over the southern lot for a future public street. Plaintiff then filed a complaint alleging that the city's exaction of the easement violated the Takings Clause of the Fifth Amendment to the United States Constitution...

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