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STATE BY AND THROUGH DLCD v. YAMHILL COUNTY

A162583.

445 P.3d 893 (2019)

298 Or.App. 260

STATE of Oregon, BY AND THROUGH the DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, and Friends of Yamhill County, Plaintiffs-Appellants, v. YAMHILL COUNTY, Defendant-Respondent, and Gordon Cook, individually, Respondent-Respondent.

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 appellant Friends of Yamhill County.

Frederick M. Boss , Deputy Attorney General, Benjamin Gutman , Solicitor General, and Judy C. Lucas , Assistant Attorney General, filed the briefs for appellant State of Oregon.

Charles F. Hudson , Portland, argued the cause for respondents. Also on the brief were Lane Powell PC, and Timothy S. Sadlo , and Yamhill County Counsel's Office.

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

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 Gordon Cook (claimant) has a vested right under section 5(3) of Ballot Measure 49 (2007) to complete a 10-lot subdivision on his property. The county and...

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