Legal Opinion

Fischer v. Benton County

Court of Appeals of Oregon

Decided July 13, 2011No. 0810538; A143506PublishedCited by 2 opinions

1Opinion of the CourtHaselton, P. J.

Plaintiffs Charles M. and Lillian M. Fischer (the Fischers) appeal the circuit court’s judgment in a writ of review proceeding that affirmed respondent Benton County’s 1 determination that the Fischers have a vested right to complete a subdivision of their property in compliance with waivers issued pursuant to Ballot Measure 37 (2004) 2 but do not have a vested right to establish seven residential dwellings on the lots in that subdivision. The dispositive legal issue on appeal is whether the circuit court misconstrued the applicable law in sustaining the county’s determination that the…

2Cases cited8 opinions

  1. Clackamas County v. HolmesOregon Supreme Court · 1973
  2. Corey v. Department of Land Conservation & DevelopmentOregon Supreme Court · 2008
  3. Friends of Yamhill County, Inc. v. Board of CommissionersCourt of Appeals of Oregon · 2010
  4. Kleikamp v. Board of County CommissionersCourt of Appeals of Oregon · 2010
  5. Pete's Mountain Homeowners Ass'n v. Clackamas CountyCourt of Appeals of Oregon · 2009

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Friends of Polk County v. OliverCourt of Appeals of Oregon · 2011
  2. Campbell v. Clackamas CountyCourt of Appeals of Oregon · 2011

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