Butchart v. Baker County

Plaintiff appeals from a judgment, following a trial to the court, rejecting his claims for declaratory and injunctive relief and inverse condemnation, all arising from a dispute regarding the status of a road crossing a portion of his property. For the reasons set forth below, we conclude that, under ORS 34.102(2), 1 the trial court lacked subject matter jurisdiction over plaintiffs claims for declaratory and injunctive relief; consequently, we remand to the trial court to vacate the judgment with respect to those two claims and to dismiss those claims for lack of jurisdiction. We further…