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farming became less practicable, and the Langers turned their
attention to commercial development.
In 1995, the Langers created the Langer MarketPlace Planned
Unit Development (the Langer PUD), which defined the development
permitted on a 55.59-acre tract owned by a trust for decedent and
a contiguous 29.88-acre tract owned by a trust for Clarence
Langer. While it did not create separate legal parcels, the
Langer PUD divided the land into eight phases of development. On
April 25, 1995, the Sherwood City Council approved the Langers’
application for the PUD. However, the approval was conditioned
upon their agreement to, among other things, develop parks,
pedestrian walkways, and:
At each phase of development, and with each site plan
submitted to the City, the applicant shall provide a
traffic impact analysis for City, County and ODOT
[Oregon Department of Transportation] review and
approval. Recommended traffic safety and road
improvements shall be considered by the City and may be
required with each phase.
By agreement dated May 9, 1998, decedent, Clarence Langer,
and other members of the Langer family formed the Langer Family
Limited Liability Company (LFLLC). The trusts for decedent and
Clarence Langer contributed to LFLLC the land subject to the
Langer PUD. At his death, decedent held a 29.19-percent interest
in LFLLC.
Prior to decedent’s death, LFLLC sold Phase 1 of the Langer
PUD. On the date of death, LFLLC still owned Phases 2 through 8.
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Last modified: May 25, 2011