Thunderbird Hotels, LLC v. City of Portland
Opinion
Opinion
MEMORANDUM
The district court dismissed Thunderbird Hotels’ state and federal takings claims as not ripe. We affirm.
1. State law takings claim. Oregon law requires that there be “a final and authoritative determination of the type and intensity of development legally permitted on the subject property” before a takings claim is ripe for review. Joyce v. Multnomah Cnty., 114 Or.App. 244 , 835 P.2d 127, 128 (1992) (quoting MacDonald, Sommer & Frates v. Yolo Cnty., 477 U.S. 340, 348 , 106 S.Ct. 2561 , 91 L.Ed.2d 285 (1986)). Thunderbird has not applied for permission to develop its Hayden Island parcel and has not identified any City of Portland regulation that currently restricts development. Because the scope of the alleged restriction on Thunderbird’s development rights is not clear, Thunderbird’s state-law takings claim is not ripe.
2. Federal takings claim. Thunderbird has not satisfied either of the ripeness requirements articulated in Williamson Cnty. Reg’l Planning Comm’n v. Hamilton Bank, 473 U.S. 172 , 105 S.Ct. 3108 , 87 L.Ed.2d 126 (1985). First, because Thunderbird has made no development application, the scope of any restriction the City may have placed on…