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http://www.omniture.com --> Sections Home Page Local News AP News Archives Business Classifieds Event Calendar Forums Life Opinion Obituaries Photo Gallery Readers Photo Gallery Sports Tempo Weather Special Coverage 2006 Britt Festivals --> Shop Our Valley AutoFinder HomeFinder JobFinder Search Our Valley Special Sections Homelife Magazine Joy Magazine Readers Choice 2006 Oregon Golf Info Oregon Wine Info Our Valley Other Publications Local Links Ashland News eSouthernOregon Newspapers In Education Personals Moving Here Movie Listings TV Listings Volunteer Customer Service Advertise With Us Media Kit Place Classified Ad Contact Us FAQ's Home Delivery Site Map --> Email Story to a Friend October 15, 2006 Measure 37 author goes to bat for county in court Jackson County's lawsuit contends that owners can transfer Measure 37 claims By Damian Mann Mail Tribune The author of Measure 37 has agreed to represent Jackson County without charge in an upcoming court case that seeks to resolve the issue of whether claims can be transferred under the property rights law. Dave Hunnicutt, president of Oregonians in Action, said he decided to take on the case recently because his organization was contemplating filing its own legal action over the question of whether a Measure 37 claim could be transferred to a new property owner. Because his organization is a nonprofit, he won't charge a fee. "It will save the taxpayers some money," he said. "It's for free." Hunnicutt will present arguments in Jackson County Circuit Court supporting the county's contention that claims can be transferred from one owner to another. Jackson County filed its lawsuit in August 2005. The state Attorney General's Office argues that language in Measure 37 doesn't allow claim transferability, and they will present their case at a court hearing in December. Advertisement Commissioner Dave Gilmour said the county made the decision to have Hunnicutt represent them in an executive session. He said the county has run short of attorneys since Mike Jewett and Steve Rinkle resigned to follow other pursuits. He said it saves money to have Hunnicutt represent them. "We don't want to spend the money for lawyers," he said. As to having the author of Measure 37 represent the county, Gilmour said, "It's a like the fox guarding the hen house." Even though it's an unusual arrangement, Gilmour said it will be up to the judge to decide the merits of the case. Commissioner C.W. Smith said there's a simple reason why the county chose Hunnicutt to represent their Measure 37 lawsuit. "He knows the most about it," he said. Smith, Gilmour and Commissioner Jack Walker are frustrated that Measure 37 is now two years old but the transferability issue hasn't been resolved, leaving local property owners with valid claims in limbo. The county has so far considered more than 300 claims. Smith said a Crook County judge ruled in August that a claim could be transferred if some development has taken place on the property in question. However, the case only affects Crook County, whereas the Jackson County lawsuit would affect Measure 37's status throughout the state. Reach reporter Damian Mann at 776-4476 or [email protected] . Would you like to respond to this story? If so Click Here to visit our forums. Advertisement Copyright © 1997-2006 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback online casinos news Home Security Systems Windermere Van Vleet Men's Clothing Southern Oregon Loans --> GMAT Prep Fundraisers Send Flowers Texas Electric Choice Entertainment Guide --> Casinos Canada Trunks, Footlocker Online Casino Reviews Online poker at AbsolutePoker.com