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BURKE v. STATE EX REL. DLCD

(CC CV09040752; CA A144975; SC S059420).

290 P.3d 790 (2012)

352 Or. 428

Thomas BURKE; and Educative, LLC, an Oregon limited liability company, Petitioners on Review, v. STATE of Oregon, by and through the DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Respondent on Review.

Supreme Court of Oregon.

Decided September 27, 2012.

Attorney(s) appearing for the Case

Gary P. Shepherd , Oregon Land Law, Portland, argued the cause and filed the brief for petitioners on review.

Stephanie L. Striffler , Senior Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before BALMER, Chief Justice, and DE MUNIZ, DURHAM, KISTLER, LINDER, and LANDAU, Justices.

LANDAU, J.

Under section 6(6) of Ballot Measure 49 (2007), certain "owners" of property may file a claim to establish up to three home-site approvals, notwithstanding existing land use restrictions that would otherwise preclude such development. At issue in this case is the meaning of the term "owner" as it is used in that section. Specifically, the issue is whether the term includes a seller of property under a land sale...

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