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BERTSCH v. DLDC

C096126CV, C096127CV; A146115 (Control), A146117.

287 P.3d 1162 (2012)

252 Or. App. 319

Scott BERTSCH and Patty Bertsch, Plaintiffs-Respondents, v. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, a department of the State of Oregon, Defendant-Appellant. Susan Wales and Matthew Wales, Plaintiffs-Respondents, v. Department of Land Conservation and Development, a department of the State of Oregon, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 19, 2012.

Attorney(s) appearing for the Case

Stephanie L. Striffler , Senior Assistant Attorney General, argued the cause for appellant. With her on the briefs were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

John M. Junkin , Portland, argued the cause for respondents. With him on the brief were Jennifer Bragar and Garvey Schubert Barer .

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

WOLLHEIM, J.

The Department of Land Conservation and Development (DLCD) appeals judgments of the circuit court on judicial review of two DLCD orders, issued pursuant to section 5 of Ballot Measure 49 (2007), determining that land zoned for exclusive farm use (EFU) owned by petitioners Wales and land zoned for agricultural forestry use (AF) owned by petitioners Bertsch did not qualify for additional home sites under section 6 of Measure 49, because petitioners Wales...

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