Department of Land Conservation & Development v. Jefferson County

In this land use case, a property owner obtained Ballot Measure 37 (2004) “waivers” of applicable state and local land use regulations that had restricted the development of his property. ORS 197.352 (2005). He then filed an application with Jefferson County to develop the property. While the application was pending, he died. Petitioner was appointed the personal representative of the estate and pursued the Jefferson County development application, which the county granted. The Department of Land Conservation and Development (DLCD) then appealed the application to the Land Use Board of…