Clayton v. State ex rel. Department of Administrative Services

Plaintiff sought supplemental review under Measure 49 of a Measure 37 claim, asking the Department of Land Conservation and Development to authorize development of three home sites on his property.1 The department reviewed plaintiffs request and issued a final order that concluded that plaintiff was not eligible for relief under Measure 49 because, on the date that he had acquired his property, he was not lawfully permitted to establish dwellings on it.

Although plaintiff had not raised with the department an issue about the effect on his claim of Senate Bill (SB) 1049, Oregon Laws 2010,…