Friends of Polk County v. Oliver

• Court: Oregon Court of Appeals
• Area(s) of Law: Land Use
• Date Filed: 09-28-2011
• Case #: A144372
• Judge(s)/Court Below: Sercombe, J. for the Court; Ortega, P.J.; & Landau, J.

In order for a person to have vested rights to develop land under Measure 49 section 5(3), a determination of the nature of the ultimate project and an assessment of the expenditure ratio must be made.

Claimant Eileen Martinson (claimant) obtained waivers under Measure 37 to develop a 137-acre tract of land in Polk County. She split her development plan into phases, the first of which was a 30-acre parcel of the land. Development began in November and early December of 2007. Measure 49 came into effect on December 6, 2007, which replaced Measure 37. Petitioners contend that, as required by Measure 49, claimant did not have a vested right to develop the 137-acre tract because she did not met the test set out in Clackamas Co. v. Holmes, 265 Or. 193, 198 (1973). The Court of Appeals determined that claimant met the test as it pertains to the first phase of development, the 30-acre parcel, but not as to the other 107 acres. Affirmed in part, reversed in part, remanded.

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