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A. Applications for claims shall be interpreted consistently with statutory laws and judicial decisions under Oregon Revised Statutes, Chapter 197.

B. This chapter is not intended in any way to expand the rights or remedies available to property owners under Measure 49 or any other law. Neither shall it be construed so as to contravene the express terms of Measure 49.

C. Any City decision on a claim which is inconsistent with any appellate court ruling under Measure 49 issued after the City’s decision may be the subject of a revocation proceeding instituted by the City under BC 2.05.050 et seq. of the Beaverton City Code or any other appropriate remedy available by law. If the city council has taken an action under BC 2.07.030 and the owner nevertheless files a court action seeking compensation or additional compensation from the City in relation to the specified regulation as it affects the owner’s private real property, and if a final court decision determines that the extent of the waiver provided in the city council’s final order was not sufficient to avoid the owner(s) being entitled to compensation or additional compensation, then the extent of any waiver granted by the City shall be deemed to be the extent of any waiver necessary to avoid the owner(s) being entitled to compensation or additional compensation, effective as of the date of the city council’s decision. [BC 2.07.040, added by Ordinance No. 4472, 2/25/08]