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CLAYTON v. STATE EX REL. DEPARTMENT OF ADMINISTRATIVE SERVICES

111973Z2; A151012.

313 P.3d 296 (2013)

258 Or. App. 689

Jerry G. CLAYTON, individually and as Personal Representative of the Estate of Polly A. Morse, Deceased, Plaintiff-Appellant, v. STATE of Oregon, by and through DEPARTMENT OF ADMINISTRATIVE SERVICES; and Department of Land Conservation and Development, Defendants-Respondent.

Court of Appeals of Oregon.

Decided October 2, 2013.

Attorney(s) appearing for the Case

Jerry G. Clayton filed the briefs for appellant, pro se.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Shannon T. Reel , Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

ARMSTRONG, P.J.

Plaintiff sought supplemental review under Measure 49 of a Measure 37 claim, asking the Department of Land Conservation and Development to authorize development of three home sites on his property.1 The department reviewed plaintiff's request and issued a final order that concluded that plaintiff was not eligible for relief under Measure 49 because, on the date that he had acquired...

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