Measure 37 Overturned!

http://www.friends.org/issues/press/M37/Circuit-Ruling-10-14-05.html

Court Rules Measure 37 Unfair, Unconstitutional, and Invalid

Today the Judge Mary James of the Marion Circuit Court ruled that Measure 37, adopted by voters in the election, is unconstitutional in the case of MacPherson v. Department of Administrative Services. Judge James concluded that the law is unconstitutional because it grants special privileges and immunities, impairs the legislative body's plenary power, suspends laws, and violates the separation of powers. In addition, Judge James ruled that the law violates substantive and procedural due process guaranteed by the United States Constitution.

The litigation was brought by 1000 Friends of Oregon, Senator Hector MacPherson (who was an original sponsor of SB100 in 1973) and other landowners and farmers. The State of Oregon defended the measure, as it is now state law. The plaintiffs had argued that Measure 37 was unconstitutional because the measure: (1) curtails the state's ability to protect the health and welfare of Oregonians, (2) grants privileges to a select class of landowners and (3) violates separation of powers by giving the legislature the authority to enforce the law, a power that is restricted to the executive branch of government.

"We are very pleased that the court recognized Measure 37 is not about fairness: it is unfair at its core. We expect local governments and the state to heed this ruling and not enforce the law," said Bob Stacey, Executive Director of 1000 Friends of Oregon. "We fully expected this case will go to the Supreme Court, so the fastest resolution of these issues is swift legislative action. Therefore, today we are calling on the Governor and legislative leaders to convene a special session and pass legislation that deals fairly with people who have borne an unfair burden-but not at the expense of their neighbors. We need compensation that makes landowners whole, not waivers that make them rich."

As the judge rightly ruled--there can't be one set of rules for certain property owners to the exclusion of the rest of us. And, forcing "government" (that's us, via taxes) to pay certain aggrieved landowners rather than enforce land use laws makes it impossible to govern.

As I understand it, this could force those who wish to roll back land use laws to couch their attack in terms of the land use laws as a whole--which, I hope, Oregonians will reject realizing that we need land use protections.

Bob Stacey of 1000 friends had an excellent statement in the O. today: "State leaders should replace Measure 37 with a law that compensates landowners who are truly harmed, Stacey said, but doesn't hurt their neighbors." Amen.

And why can't the legislature hold a special session? Why are they incapable of tackling let alone solving difficult issues?

Currently 80% disagree with judge's decision to overturn M37. Let's go people:

http://www.kgw.com/about/morningpoll.html