Benton County commissioners heard sometimes-emotional testimony on Tuesday surrounding a longtime Corvallis farmer who is arguing that shifting land-use regulations have placed him and his ailing wife in a desperate situation.

Charles Fischer is appealing a decision by the county Planning Commission denying that his investments toward subdividing his 30-acre farm northeast of Corvallis near Lewisburg were sufficient to green-light the project.

“Too often, these land-use matters become games,” said George Heilig, Fischer’s attorney. “We’re losing sight of the fact that real lives and real people are being impacted here.”

At age 85, Fischer was hoping to use the money from selling his farm off in housing to pay his wife’s $5,000 monthly nursing home bills.

The case is testing how the county will apply Measure 49, which limits development on rural property.

In November, voters scaled back rights granted under Measure 37, which gave landowners the right to waivers of land-use rules imposed after they had purchased property if the value of their investment was reduced by the restrictions.

At issue is how Benton County planners have defined “vesting,” the point at which a developer has invested enough money in a project that he should be allowed to continue, despite the passage last November of Measure 49.

It’s a gray area for landowners and planners, said Greg Verret, interim director of the Benton County Community Development Department.

“I can say we felt a lot of sympathy for the particulars of the applicant’s situation,” Verret said. “Nonetheless, it seemed pretty clear to us that what the applicant wants to do, under the law, can’t be approved.”

Fischer described how he spent $67,000 in surveying, petitioning the county and state for a Measure 37 claim on his 33-acre orchard north of Corvallis. He filed the required planning and building paperwork.

In April, the county Planning Commission denied Fischer’s claim that he’d spent enough on the project to be grandfathered in under Measure 49. He noted that although Measure 49 limits large subdivisions, commercial and industrial developments on farm and forest lands, it allows rural landowners to build from three to 10 homes.

By his calculations, Fischer said he has already spent 17.7 percent of the subdivision’s $378,214 budget on waiver fees, platting fees, erosion permits, wetlands delineation and survey work.

The county saw it differently, however, and determined that the courts have ruled “vesting” is to be determined on the amount of money required to establish the entire project.

Based on a median house price of $280,000 for each of the lots, the county estimated the subdivision’s total cost at $1.76 million, leaving Fischer out just 3.8 percent of the total amount.

But Fischer said he never planned to build the homes for people. He planned to build the roads, wells and septic system and let the prospective residents do the rest.

The county also argued that Fischer knew Measure 49 was on the November ballot and might have expected the rules to change if adopted. Fischer said, however, that the county moved too slowly for him to complete site work before the vote.

Fischer’s family and friends and state Sen. Frank Morse of North Albany testified on Fischer’s behalf.

“Not every land developer is also a builder and not every builder is also a developer,” Morse wrote. “I would encourage you to establish vesting rules in Benton County that are clear and fair.”

Not everyone was swayed by Fischer’s story, and some urged the Planning Commission to uphold the law.

“It’s really hard to come up here and speak against all this emotional testimony about a man trying to take care of his family, but the fact is, the law is the law,” said Jo Alexander. “I urge you to make your judgment based on the law.”

County commissioners said they needed more time to decide the case, and set further deliberations for June 10.

AT A GLANCE

THE STORY: Charlie Fischer wants to build a seven-lot subdivision on his 30-acre farm north of Corvallis to pay for his ailing wife’s nursing home care.

WHAT’S HAPPENED SO FAR: Fischer’s been caught between two voter-passed land-use rules: Measure 37, the 2004 law, under which Fischer received a waiver to subdivide and build on his land, and 2007’s Measure 49, which reaffirms stricter rules for developments on farm and forest land.

Fischer claimed he had invested enough money to be exempt from Measure 49. County planners took issue with how Fischer calculated his investment. They denied that he was vested in the subdivision project. Fischer says he’s all but out of money.

WHAT’S NEW: County commissioners heard testimony in an appeal on Tuesday and decided they needed more time to make a decision. The commissioners will deliberate on June 10.

Matt Neznanski can be reached at 758-9528 or matt.neznanski@lee.net.