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Oregon Road Conditions & Cams Email Story to a Friend October 20, 2005 Jackson County puts Measure 37 on hold Commissioners agree the court ruling stops them from processing claims By DAMIAN MANN Mail Tribune Measure 37 is dead for the time being in Jackson County as commissioners heeded a recent court ruling declaring the property rights law unconstitutional. In approving a county order Wednesday spelling out their position, the commissioners said they would honor the 85 Measure 37 waivers they’ve approved, though with a strong caveat. "Some court may come along and stop us," said Mike Jewett, county counsel. "But until that point these orders will be as good as gold." The county has received a total of 189 claims. Apart from the 85 approved, eight have been withdrawn and eight have been denied. The remaining 88 will be placed on hold, pending the outcome of an appeal of the Marion County Circuit Court ruling. "Basically, we are calling a time out," said Commissioner Dave Gilmour. Advertisement But he promised prompt attention to the claims remaining if the Measure 37 appeal is successful. "People at the head of the line will still be ahead of the line," he said. Commissioners were scheduled to vote on two claims Wednesday but tabled them in light of the order they’d just passed unanimously. All the commissioners expressed a reluctance to table Measure 37, but thought they had little choice despite their reservations about the judge finding it unconstitutional. "It’s a judge’s decision and we do follow the law," said Commissioner C.W. Smith. During the meeting, one land-use attorney in Medford expressed frustration with Oregonians in Action for the way Measure 37 was written, leaving it open for legal challenges. "A first-year law student on crack could do a better job than Oregonians in Action," said Dan O’Connor, who represents several property owners filing Measure 37 claims. But Sams Valley resident Jerry McCauley countered, "I don’t think anybody could write something that the opposition wouldn’t think is poorly written." Ross Day, director of legal affairs for Oregonians in Action, said later, "Mr. O’Connor’s statement is an ignorant statement." He said 10 lawyers reviewed the measure before it went to the voters, adding that it is difficult to anticipate every contingency. Because of the sweeping nature of the judge’s decision, Day said it undermines not only Measure 37 but other initiatives and laws passed in Oregon. Day supported the commissioners’ decision not to approve any more Measure 37 claims until the court ruling is overturned. "I think it would be unwise," he said. "A judge’s decision effectively ends Measure 37." With so many questions about the legal implications, property owners who’ve received waivers in this county wonder what it means for them. Betty Hiltz, who received approval for a claim to create smaller parcels on her 10-acre property on Dodge Road in White City, wanted to know if the county Planning Department would still process her application. Hiltz worried that the state might come along and tell her that her claim is invalid. "I feel like we’re in limbo with the state right now," she said. Gilmour said, "You followed the letter of the law and you should not be penalized for that." Commissioner Jack Walker said, "We’re not going to stop you." Many property owners who submitted claims to the county also sent them to the state. The state Department of Land Conservation and Development will continue to receive and process claims until 14 days after the judgment from the Marion Count Circuit Court takes effect, which is expected in about two weeks. According to Lane Shetterly, director of the DLCD, any claims approved by his department between now and the date the decision becomes effective will include an advisory to let claimants know the measure has been ruled unconstitutional. Reach reporter Damian Mann at 776-4476, or e-mail Jackson County puts Measure 37 on hold ">[email protected] . Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker dvd-r Distance Education Computer Security Cheap Website Hosting Discount Hotel Reservations Online Pharmacy Myspace Home Equity Loans Windermere Van Vleet Deep Muscle Stimulator Sports Equipment Online Casino Reviews Student Loans High End Computers Online Casino News Online Bingo Entertainment Guide Salvia Divinorum Online Casino Fundraisers Advertisement s