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FILED: December 29, 2011 IN THE COURT OF APPEALS OF THE STATE OF OREGON W. LEIGH CAMPBELL, CEILLE W. CAMPBELL, and DONALD B. BOWERMAN, Plaintiffs-Appellants, v. CLACKAMAS COUNTY, Defendant-Respondent, and FRIENDS OF CLACKAMAS COUNTY, an Oregon non-profit corporation; JOHN MESSNER; JUDY MESSNER; TOM BRAY; JERI BRAY; DAVE KREVANKO; TERRI KREVANKO; FRITZ VON TAGEN; and DENISE VON TAGEN, Defendants-Intervenors-Respondents. Clackamas County Circuit Court CV07120049 A139641 (Control)

W. LEIGH CAMPBELL, CEILLE W. CAMPBELL, and DONALD B. BOWERMAN, Plaintiffs-Appellants, v. STATE OF OREGON, Defendant-Respondent, and FRIENDS OF CLACKAMAS COUNTY, an Oregon non-profit corporation; JOHN MESSNER; JUDY MESSNER; TOM BRAY; JERI BRAY; DAVE KREVANKO; TERRI KREVANKO; FRITZ VON TAGEN; and DENISE VON TAGEN, Defendants-Intervenors-Respondents.

Clackamas County Circuit Court CV07120048 A139642 Timothy P. Alexander, Senior Judge. Argued and submitted on January 20, 2011. Kristen S. David argued the cause for appellants. On the opening brief were M. Elizabeth Duncan, Charles R. Markley, and Greene & Markley, P.C. With her on the reply brief was Bowerman and David, PC. D. Daniel Chandler, Senior Assistant County Counsel, argued the cause and filed the briefs for respondent Clackamas County. Stephanie L. Striffler, Senior Assistant Attorney General, argued the cause for respondent State of Oregon. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General. Ralph O. Bloemers argued the cause and filed the brief for respondents Friends of Clackamas County, John Messner, Judy Messner, Tom Bray, Jeri Bray, Dave Krevanko, Terri Krevanko, Fritz Von Tagen, and Denise Von Tagen. Before Sercombe, Presiding Judge, and Brewer, Chief Judge, and Carson, Senior Judge. SERCOMBE, P. J. Judgment vacated and remanded.

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SERCOMBE, P. J. This case concerns whether plaintiffs' rights to develop a residential subdivision had vested under Measure 49. In 1969, plaintiffs acquired a 62-acre tract of land in rural Clackamas County. At that time, the property's zoning allowed residences to be built on one-acre parcels. More restrictive zoning was subsequently applied that confined the uses of the property to agricultural and forestry uses. Pursuant to Measure 37, former ORS 197.352(8) (2005), amended by Or Laws 2007, chapter 424, section 4, renumbered as ORS 195.305 (2007), plaintiffs obtained county and state waivers of the land use regulations that inhibited residential development of the property. Plaintiffs sought a judgment declaring that their actions taken under those waivers were sufficient to vest rights to develop the property as a residential subdivision under section 5(3) of Measure 49. Or Laws 2007, ch 424,

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Oregon Law