Legal Opinion
Art Piculell Group v. Clackamas County
Court of Appeals of Oregon
Decided July 31, 1996No. LUBA 95-092; CA A92128PublishedCited by 10 opinions
1Opinion of the CourtDeits, P. J.
Petitioner applied to Clackamas County for approval of a subdivision. The county granted the application, subject to conditions, including the dedication and road improvement condition that is involved in this case. Petitioner appealed to LUBA, arguing that the condition violates the Takings Clause of the Fifth Amendment, as construed in Dolan v. City of Tigard, 512 US _, 114 S Ct 2309, 129 L Ed 2d 304 (1994). LUBA affirmed. Petitioner seeks review, and we reverse.
Subject to supplementation as the context requires, we take the facts from LUBA’s opinion:
“Petitioner applied to the county for…
2Cases cited5 opinions
- Dolan v. City of TigardSupreme Court of the United States · 1994
- Reusser v. Washington CountyCourt of Appeals of Oregon · 1993
- Clark v. City of AlbanyCourt of Appeals of Oregon · 1995
- Schultz v. City of Grants PassCourt of Appeals of Oregon · 1994
- J.C. Reeves Corp. v. Clackamas CountyCourt of Appeals of Oregon · 1994
3Cited by10 opinions
- Town of Flower Mound v. Stafford Estates Ltd. PartnershipCourt of Appeals of Texas · 2002
- Homebuilders Ass'n v. Tualatin Hills Park & Recreation DistrictCourt of Appeals of Oregon · 2003
- Rogers MacHinery, Inc. v. Washington CountyCourt of Appeals of Oregon · 2002
- McClure v. City of SpringfieldCourt of Appeals of Oregon · 2001
- Hallmark Inns & Resorts, Inc. v. City of Lake OswegoCourt of Appeals of Oregon · 2004
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