Ericsson v. State

Petitioners appeal a judgment affirming an order of the Department of Land Conservation and Development (DLCD or department) that denied relief to petitioners under section 6 of Measure 49 (2007).1 Petitioners obtained land use regulation waivers from DLCD under Measure 37 (2004) in order to facilitate residential development of two adjacent lots in rural Washington County.2 Measure 49 repealed Measure 37 waiver remedies, replacing them with various processes to obtain state approvals for “home sites” on the affected properties. DLCD denied petitioners’ application for homesite approvals for…