As the attorney for Friends of Yamhill County, Ralph Bloemers, aptly labeled them, those pesky “Ghosts Of Measure 37” are likely to haunt rural areas for years to come as a result of the Oregon Supreme Court’s recent ruling in Friends of Yamhill County v. Yamhill County. This case marks the first time the court has considered the scope of common law vested rights since its ruling in Holmes v. Clackamas County, over 40 years ago. The Holmes court identified six factors that must be considered to determine a property owner’s rights to continue construction when land use laws are enacted that would make a partially finished project unlawful.
Archive for October, 2011
More Questions Than Answers: The Oregon Supreme Court Considers Vested Rights
Ed Sullivan Named “Lawyer of the Year”
Garvey Schubert Barer is pleased to announce Edward J. Sullivan has been named the “Best Lawyers’ 2012 Portland-OR Litigation – Land Use & Zoning Lawyer of the Year.” This honor has been bestowed by Best Lawyers, the oldest and most respected peer-review publication in the legal profession. The publication is, for the first time, designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is honored as the “Lawyer of the Year.” Click here to read more.
TAGS: Measure 37, Measure 49, Vested Rights