9th Circ. Backs Ore. Building Rule

Law360, New York (January 12, 2012, 7:02 PM EST) -- The Ninth Circuit on Thursday rejected an appeal from property owners in Oregon that claimed a recent environmental regulation steamrolled their right to develop land or, alternatively, receive compensation from the government.

Visiting the case for a second time, the appeals court affirmed the district court's finding that the rule, Measure 49, did not violate the plaintiffs’ rights by superseding a previous regulation, Measure 37, under which the property owners had received waivers allowing them to develop their land.

“Oregon did not commit a constitutional taking...
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