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Measure 7 foes sue Central Point 1000 Friends challenges 23 ordinances across Oregon PORTLAND � Foes of a new property compensation law filed suits against 23 local governments, including the city of Central Point, that have passed ordinances aimed at implementing the land-use measure. 1000 Friends of Oregon argues that local governments lack the authority to override or waive state land-use laws � even if they would soften the blow of voter-approved Measure 7. Central Point Mayor Bill Walton said city leaders passed an ordinance to administer the compensation law to defend the city against landowners who make claims that local land-use decisions devalued their property. "We have to protect ourselves," Walton said. "This is a strange law that the voters passed." The ordinance, adopted by the City Council Dec. 5, outlined a process for reviewing compensation claims. In order to apply for a claim under Measure 7, property owners must provide proof the property was devalued. Jackson County, which adopted an ordinance similar to the one in Central Point, avoided litigation by repealing the law to await the outcome of a court review of Measure 7. The compensation law, meanwhile, has been temporarily blocked by an injunction. But 1000 Friends, a land-use watchdog group, needed to challenge the local ordinances because appeals have to be filed within 21 days of enactment. The suits against the cities were filed with the state Land Use Board of Appeals. 1000 Friends said in a statement Thursday that the ordinances could be used "to authorize everything from cell towers in residential zones to development on coastal sand dunes." Mayor Jill Thorn of West Linn � the target of one of the suits � accused 1000 Friends of "grandstanding" rather than trying to work out a compromise. 1000 Friends contends that the cities and counties have adopted ordinances allowing them to waive zoning and land-use regulations that might give rise to Measure 7 compensation claims, even though many of the regulations have their foundation in state land-use laws. Measure 7 amends the constitution to require state and local governments to compensate property owners for losses resulting from land-use and other regulations. Robert Liberty, director of 1000 Friends, said he understands "the difficult position" in which local governments find themselves because of the threat of claims they couldn�t afford to pay. "But we cannot sit on the sidelines and allow the laws that have made our state a great place to live to be gutted," he said. The measure has been blocked since Dec. 6 by a temporary injunction from Marion County Judge Paul Lipscomb, who ruled there�s reason to think the measure violates the state�s single-issue rule and thus is unconstitutional. Lipscomb has set a trial date of Feb. 1 to decide whether to issue a permanent injunction. After the law was passed Nov. 7, many cities and counties adopted ordinances because they expected the measure would take effect. Generally, they set out procedures for processing and paying claims from property owners. Many also contain the waiver feature, which would allow local governments to forgo enforcement of a regulation. West Linn�s ordinance, for example, authorizes the city council to pay a valid claim � or, alternatively, to waive, suspend or modify the regulation that gave rise to the claim. Thorn said she was disappointed with 1000 Friends� action � particularly because most local governments had joined 1000 Friends in opposing Measure 7. "Instead of grandstanding and filing lawsuits they should come to the cities, or League of Oregon Cities, and say, �Let�s sit down and talk to make this work to the benefit of both groups.� "Once lawsuits have been filed, it�s hard to mediate and build through consensus to work through these things," Thorn added. Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.