Oregon Shores v. Board of County Commissioners

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Land Use
  • Date Filed: 05-02-2012
  • Case #: A143688
  • Judge(s)/Court Below: Haselton, C.J. for the Court; Armstrong, P.J.; and Duncan, J.
  • Full Text Opinion

In determining whether a landowner has a common law vested right to continue in developing his land, the court will use the “expenditure ratio” as a necessary starting point in evaluating whether the land owner has incurred substantial enough costs toward completion of the project.

Oregon Shores Conservation Coalition appealed a decision from the writ of review court that sustained the Board of County Commissioners of Clatsop County's determination that Gary and Beverly Aspmo have a common law vested right to complete a residential subdivision. On June 1, 2011 the Oregon Court of Appeals remanded the decision to the county to determine the total project cost so as to apply the “expenditure ratio.” The “expenditure ratio” is used to determine whether a landowner has incurred enough development costs to establish a vested right to continue the land project. The Oregon Supreme Court remanded for reconsideration in light of Friends of Yamhill County v. Board of Commissioners. The Court of Appeals held that the county and the reviewing court did not fully assess the total cost of development, which is necessary for determining the denominator in the expenditure ratio. Reversed and remanded.

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