Forman v. Clatsop County

Although I join in Judge Rossman’s dissent, something more needs to be said about the substantive and procedural effects of the majority’s effective overruling of Eagle Creek Rock Prod. v. Clackamas Co., 27 Or App 371, 556 P2d 150 (1976), rev den 278 Or 157 (1977); 1000 Friends of Oregon v. Clackamas Co. Comm., 29 Or App 617, 564 P2d 1080 (1977), and Eklund v. Clackamas County, 36 Or App 73, 583 P2d 567 (1978). All of those cases hold that a determination whether a person has a vested property right to use his property in a certain way because the use is a preexisting nonconforming use (ORS…