By: Robert Harris Just when you thought it was over. You're going to see multiple lawsuits regarding Measure 37 claims, following a favorable decision from federal Judge Owen Panner in a case involving a Measure 27 claim in Jackson County. In that lawsuit, the property owners claimed that their M-37claims under the 2004 property compensation were “contracts” protected by the federal constitution. That means they could not
be dissolved when the legislature scaled back the law last year with
Measure 49 as they are constitutionally protected property rights.
Judge Panner agreed. However, State officials pointed to other State court decisions, including one in Washington County, that rejected the reasoning adopted by Judge Panner. In those decisions Courts held that M-49 subsumed all M-37 claims and that any rights under M-37 were extinguished with the passage of M-49. While the Judge Panner decision only effects property in Jackson County, whether legal rights granted to property owners under M-37 are in fact vested, or subject to M-49 limitations, will likely have to be sorted out through the Federal Courts. In Jackson County officials say
they're in "legal limbo" until Judge Panner tells them how to proceed
under both Measure 37 and 49, since his ruling is in direct contradiction to the Orders and rules of the Oregon LCD. While some people are counting on the State Legislature to step in, I doubt that anything they do will resolve the issue decided by Judge Panner. You can read Judge Panner's complete decision here.
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