Klamath supreme court says yes to Measure 37 022306

Following is the conclusion from the report of the Supreme Court’s decision:

In sum, we conclude that (1) plaintiffs' claims are justifiable; (2) Measure 37 does not impede the legislative plenary power; (3) Measure 37 does not violate the equal privileges and immunities guarantee of Article I, section 20, of the Oregon Constitution; (4) Measure 37 does not violate the suspension of laws provision contained in Article I, section 22, of the Oregon Constitution; (5) Measure 37 does not violate separation of powers constraints; (6) Measure 37 does not waive impermissibly sovereign immunity; and (7) Measure 37 does not violate the Fourteenth Amendment to the United States Constitution. The trial court's contrary conclusions under the state and federal constitutions were erroneous and must be reversed.

The judgment of the circuit court is reversed, and the case is remanded for entry of judgment in favor of defendants and intervenors.

Tuesday, February 21, 2006

Supreme Court says yes to Measure 37
By LAURA OPPENHEIMER
The Oregonian

Oregon's Supreme Court has revived the controversial property rights law that could redefine rural Oregon.

Measure 37 did not violate state and federal constitutions as a lower court said, justices ruled Tuesday in a case that will be dissected across the nation. Their decision jump starts more than 2,500 applications to develop land that is now controlled by government regulations.

Oregonians from the coast to the Wallowa Mountains, and every point in between, have asked to turn back the clock to rules in place when they bought their property. Cities, counties and state agencies also had the option of paying for any financial loss, but no money to do it.

Quibbles remain over exactly how Measure 37 works, but a stamp of approval from the Supreme Court is likely to clear the way for development. Tuesday's decision means new homes and businesses will rise from the thousands of acres in question.

The ruling only escalates the battle over how Oregon plans for growth.

Property rights activists - led by Measure 37 authors Oregonians In Action - may be emboldened to seek wholesale change in Oregon's approach: reserving the country for agriculture, and clustering people in cities. Advocates of Oregon's trademark style, including 1000 Friends of Oregon, want voters to replace Measure 37 with what they consider a "responsible" alternative.

And members of a new state land-use task force know they will work in a political firestorm.

Measure 37 has remained one of Oregon's most contentious issues since voters approved it in November 2004.

From the beginning, disputes about the law scared away bankers and builders who ordinarily would jump at land deals. Legislators couldn't resolve the argument.

In October, a Marion County circuit judge overthrew Measure 37. Mary Mertens James said the new law took away the Legislature's power, gave longtime landowners an unfair advantage and shut other Oregonians out of the planning process.

With so much up in the air, Supreme Court justices put a rush order on the case. Tuesday's ruling came six weeks after lawyers for the two sides faced off in court.
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