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Bleeg v. Metro

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eBook details

  • Title: Bleeg v. Metro
  • Author : Supreme Court of Tennessee
  • Release Date : January 24, 2009
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Defendant Metro, a metropolitan service district, appeals corrected general judgments that awarded plaintiffs just compensation pursuant to ORS 197.352 (2005) (commonly known as Measure 37). On appeal, Metro raises three assignments of error concerning (1) the trial courts entry of its corrected general judgments nunc pro tunc to December 5, 2007--the day before Measure 49 became effective--to avoid the effect of the measure; (2) the trial courts conclusion that ORS 197.352 did not authorize Metros "methods for determining whether its regulations reduced the fair market values of [plaintiffs] properties"; and (3) the trial courts determination that Metros "regulations had the effect of reducing the fair market values of [plaintiffs] properties" and its corresponding awards of just compensation. Because we conclude that plaintiffs cases were not justiciable after the enactment of Measure 49, we do not reach the merits of the assignments of error raised by Metro on appeal. Accordingly, we vacate the trial courts judgments and remand for entry of judgments dismissing plaintiffs claims as moot.


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