Linn County has received its first appeal of a decision made under Measure 49, and the county board of commissioners will review it next week.

The review is set for 10 a.m. Tuesday in Room 200 of the Linn County Courthouse.

David and Lois Irvine are appealing the Planning and Building Department decision to deny them a vested right to continue to develop properties in a subdivision known as Glender Grove Estates.

However, it was Eugene and Viola Glender who submitted and were granted a 2007 Measure 37 claim, granting them the right to subdivide and develop 16 lots on a 25-acre property west of Scravel Hill Road and south of its intersection with Sunset Drive, Albany.

The parties argue the Irvines were acting as an agent for the Glenders for the Measure 49 claim.

According to a Linn County Planning and Building staff report, this is the timeline of events:

Linn County approved the Glender claim in January 2006. The state of Oregon approved the same request in the Glenders' name in July 2006. In February 2007, the Glenders submitted a subdivision application to the Planning and Building Department, which was approved that August.

On March 11, 2008, David and Lois Irvine applied for a Measure 49 vested-rights decision for that property.

The Irvines and their attorney, Joel Kalberer, signed the application, as did the Glenders.

More than 95 percent of the receipts for money spent on the subdivision submitted with the application are in the Irvines' name.

Due to the difference in names on the applications, Linn County Planning and Building Department determined the vesting application could not be granted.

Passed last November, Measure 49 replaced Measure 3.

Deborah Pinkerton, a county planning official, said nearly 30 Measure 49 claims have been approved by the department. Two have been denied.

The Linn County Board of Commissioners will hear the appeal and make a decision. Any decision it makes is appealable to circuit court, Pinkerton said.