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OSCC v. CLATSOP COUNTY

A164621.

441 P.3d 647 (2019)

297 Or. App. 269

OREGON SHORES CONSERVATION COALITION, an Oregon non-profit corporation, Petitioner-Appellant, v. BOARD OF COMMISSIONERS OF CLATSOP COUNTY, an Oregon municipal corporation, Respondent-Respondent, and Gary S. Aspmo and Beverly J. Aspmo, Trustees, Intervenors-Respondents. State of Oregon, by and through the Department of Land Conservation and Development, Plaintiff-Appellant, v. Clatsop County; Gary S. Aspmo; and Beverly J. Aspmo, Trustees, Defendants-Respondents.

Court of Appeals of Oregon.

April 24, 2019.

Attorney(s) appearing for the Case

Scott N. Hilgenberg argued the cause for appellant Oregon Shores Conservation Coalition. Also on the brief was Courtney B. Johnson .

Judy C. Lucas , Assistant Attorney General, argued the cause for appellant State of Oregon. Also on the brief were Frederick M. Boss , Deputy Attorney General, and Benjamin Gutman , Solicitor General.

Christopher D. Crean waived appearance for respondent Clatsop County.

Seth J. King waived appearance for respondents Gary S. Aspmo and Beverly J. Aspmo.

No appearance for respondent Board of Commissioners of Clatsop County.

Before DeHoog, Presiding Judge, and James, Judge, and Aoyagi, Judge.

In this case regarding common law vested rights under Ballot Measure 49 (2007), the Oregon Shores Conservation Coalition (OSCC) and the State of Oregon (jointly, appellants) appeal a judgment entered in a writ-of-review proceeding that affirmed Clatsop County's determination that Gary and Beverly Aspmo (claimants) have a vested right under...

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