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McCOLLUM v. STATE EX REL. DEPARTMENT OF LAND CONSERVATION & DEVELOPMENT

105361Z9, A149325.

286 P.3d 916 (2012)

252 Or. App. 147

Scott McCOLLUM and Janice McCollum, Petitioners-Appellants, v. STATE of Oregon, acting by and through the DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Respondent-Respondent.

Court of Appeals of Oregon.

Decided August 29, 2012.

Attorney(s) appearing for the Case

Barbee B. Lyon , Portland, argued the cause for appellants. With him on the briefs were David J. Petersen and Tonkon Torp LLP.

Denise G. Fjordbeck , Attorney-in-Charge, Civil/Administrative Appeals, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

SERCOMBE, J.

Ballot Measure 49 (2007) sets out standards and processes to obtain homesite approvals for claimants who sought or obtained land use regulation waivers under Ballot Measure 37 (2004).1 Senate Bill (S.B.) 1049 (2010) modified those standards for a class of claimants that included petitioners. Petitioners sought two homesite approvals under Measure 49 as amended by S.B. 1049. The Department of Land Conservation and Development...

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