Olson v. State

Plaintiff 1 filed a claim under Ballot Measure 37 (2004), ORS 197.352 (2005), with the Department of Land Conservation and Development (DLCD). DLCD denied the claim on the ground that plaintiff is not an “owner” entitled to relief under Measure 37. The trial court reversed after a trial on stipulated facts, and DLCD appealed. In the meantime, the voters enacted Ballot Measure 49 (2007), ORS 195.300 to 195.336, which substantially — and retroactively — amends Measure 37 and applies to pending Measure 37 claims. The state filed a “Notice of Potential Mootness,” pursuant to ORAP 8.45, on the…