Willamette Law Online

Oregon Court of Appeals


ListPreviousNext


State v. Crook County

Summarized by: 

Date Filed: 03-14-2012
Case #: A142004
Haselton P.J. for the court; Armstrong, J.; Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/sites/Publications/A142004.pdf

Land Use: When determining whether someone has a common law vested right to complete a building project in compliance with Ballot Measure 37, the cost of completion must be established in the record and cannot be assumed.

This case is on remand from the Oregon Supreme Court, which vacated the Court of Appeals’ prior decision, and remanded for reconsideration in light of Friends of Yamhill County Board of Commissioners. The issue on remand is whether, pursuant to Ballot Measure 37 and in compliance with state and county waivers, respondent Hudspeth has a common law vested right to complete a residential subdivision. The Court of Appeals held that the decision should have been remanded to the circuit court to determine the total project cost as related to whether respondent had a vested right to complete the subdivision because the cost of completion of the residences must be established in the record and cannot be assumed. The Court determined this conclusion complied with Friends of Yamhill County. Reversed and remanded.