Schultz v. City of Grants Pass

The City of Grants Pass (the city) approved petitioners’ application to partition a parcel of property, subject to a number of conditions. Petitioners requested a writ of review, challenging the constitutionality of the conditions under the Takings Clause of the Fifth Amendment. The trial court entered judgment in favor of the city. We reverse and remand.

Petitioners own a 3.85-acre parcel of real property, located within the acknowledged urban growth boundary of Grants Pass. The northern boundary of the properly abuts Savage Street. The eastern boundary abuts Beacon Drive. Petitioners wish to…