Friends of Polk County v. Oliver

Petitioners Friends of Polk County and Gloria Bennett (petitioners) appeal a writ of review judgment. The judgment modified a decision of a Polk County hearings officer that determined that claimant Martinson (claimant) had a vested right to develop a 30-acre portion of a 137-acre tract under section 5(3) of Ballot Measure 49 (2007), but did not have a vested right to develop the entire tract. The circuit court concluded that claimant had a right under section 5(3) to develop not only the 30-acre subarea for commercial uses but also the entire tract for commercial and residential uses.…