West Linn Corporate Park L.L.C. v. City of West Linn

MEMORANDUM

This dispute arises from the development of a corporate office park in West Linn, Oregon. Plaintiff West Linn Corporate Park, LLC (WLCP), the developer, brought nine state and federal claims against the city of West Linn and several related co-defendants (collectively, the City). The City raised five counterclaims. Following a bench trial, the magistrate judge granted relief to WLCP on some of its claims, but denied relief on others. The magistrate judge also denied all five of the City’s counterclaims. Both parties appealed.

We initially heard oral argument in May 2008 but then vacated submission to certify three dispositive questions of state land-use law to the Oregon Supreme Court. West Linn Corporate Park, LLC v. City of West Linn, 534 F.3d 1091 (9th Cir.2008) [9th Cir. Certif. Order], The Oregon Supreme Court filed its answers to our certified questions in September 2010. West Linn Corporate Park, LLC v. City of West Linn, 349 Or. 58 , 240 P.3d 29 (2010). With these answers in hand, we heard a second round of oral argument. We now affirm in part, reverse and remand in part, and dismiss in part.

I

A

The magistrate judge denied WLCP’s state and federal takings…