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FRIENDS YAMHILL C v. BD CNY COMRS YAMHILL C

A162581 (Control) A162613.

446 P.3d 548 (2019)

298 Or. App. 241

FRIENDS OF YAMHILL COUNTY, an Oregon non-profit corporation; Carr Biggerstaff, individually; and Jeanne Biggerstaff, individually, Petitioners-Respondents, and State of Oregon, by and through the Department of Land Conservation and Development, Intervenor-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF YAMHILL COUNTY, an Oregon municipal corporation, Respondent-Respondent, and Ralph Johnson, individually and Norma Johnson, individually, Intervenors-Respondents. Friends of Yamhill County, an Oregon non-profit corporation; Carr Biggerstaff, individually; and Jeanne Biggerstaff, individually, Petitioners-Appellants, and State of Oregon, by and through the Department of Land Conservation and Development, Intervenor-Appellant, v. Board of County Commissioners of Yamhill County, an Oregon municipal corporation, Respondent-Respondent, and Ralph E. Johnson, individually and Norma J. Johnson, individually, Intervenors-Respondents.

Court of Appeals of Oregon.

June 19, 2019.

Attorney(s) appearing for the Case

Ralph O. Bloemers argued the cause and filed the briefs for appellants Friends of Yamhill County, Carr Biggerstaff, and Jeanne Biggerstaff.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and

Judy C. Lucas , Assistant Attorney General, filed the brief for intervenor-appellant.

Gregory S. Hathaway , Portland, argued the cause for respondent and intervenors-respondents. Also on the briefs were Hathaway Koback Connors LLP and Timothy S. Sadlo.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.

Carr and Jeanne Biggerstaff, Friends of Yamhill County (FOYC), and the State of Oregon (jointly, appellants) appeal a judgment entered in a writ-of-review proceeding that affirmed Yamhill County's determination that Ralph and Norma Johnson (claimants) have a vested right under section 5(3) of Ballot Measure 49 (2007) to complete a 41-lot...

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