McKay Creek Valley Ass'n v. Washington County

Petitioners seek Supreme Court review of our decision affirming LUBA’s reversal of Washington County’s approval of petitioners’ application to build a farm dwelling. We treat the petition as one for reconsideration, ORAP 9.15, allow it and modify our opinion.

Among the arguments that petitioners make is that LUBA’s decision gave rise to an uncompensated taking of their property on the theory that the “exaction imposed” did not bear a reasonable relationship to the “impacts” of the proposed development and was, therefore, unconstitutional under Nollan v. California Coastal Comm’n, 483 US 825,…