Measure 37 Litigation

Though Measure 37 was ruled constitutional, numerous lawsuits regarding the law's ambiguities are pending throughout Oregon. Visit the Oregon Department of Justice website for information on pending lawsuits to which the State of Oregon is a party.

Update: Judge Rules Measure 37 Waivers Cannot Be Sold to Developers
Read the decision by the Crook County Circuit Court

What was the constitutional challenge of Measure 37 about?

How do I learn more about the specifics of the MacPherson v. DAS case?

We encourage the public to download and read the documents that were filed with the court:

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What was this lawsuit about?

This lawsuit was about fairness.
Article 1, Section 20 of the Oregon Constitution states: "No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens." This litigation asks the court to honor that pledge to treat all Oregonians the same way and not set up a privileged class of Oregonians who follow different rules than the rest of us. Measure 37 gives a privileged class of property owners special rights: immunity from community zoning safeguards on which neighbors depend. No one can choose to join the class: either your are already in it or you are not.

This lawsuit was about protecting the public interest.
In addition to creating a class of property owners with special privileges and immunities at expense of all Oregonians, Measure 37 violates numerous other constitutional protections regarding separation of powers, sovereign immunity, suspension of laws, compensation of religious institutions, due process, and freedom of speech. As stated in the complaint filed in Marion County Circuit Court, "Plaintiffs brought this action to defend the interest of the public in preservation of the individual liberties guaranteed against governmental infringement of the constitution."

This lawsuit was about protecting neighbors and Oregon's family farms.
Farm Bureaus in Linn, Washington, Marion and Yamhill Counties, and seven family farmers and property owners are all plaintiffs in this litigation because they understand that Measure 37 presents a threat to their livelihoods and communities. Larry Wells, President of the Marion County Farm Bureau noted "Measure 37 pits neighbor against neighbor" and threatens the livelihoods of farm families. Jim Gilbert, a nurseryman from Clackamas County who is also party to the litigation explained "When I purchased my land I understood that the land was protected for farming by land use laws…Now Measure 37 threatens my farm by allowing surrounding incompatible development. We're concerned that we could lose our property values."

Oregon is a great place to live, work, and raise a family. People actually move to Oregon without knowing where they will work because they know this is a special place. Oregon is not Oregon by mistake, but because of careful stewardship.

What did this lawsuit say about the voters?

We heard the voters on November 2 demand "fairness" from government in the application of regulations, which is a reasonable request. In our view, fairness is achieved through creating a system that is fair to everyone, with a built-in mechanism to take care of the few who might be pinched by it. However, despite its ballot title, Measure 37 actually creates inequity and unfairness: it allows only privileged landowners special immunity from abiding by the land use protections on which all of us depend, and by which the rest of us abide. That does not honor voters' desire for fairness, nor does it honor voters' support for our community planning efforts.

What else is 1000 Friends doing and how does this litigation fit into those activities?

In addition to the lawsuit, we are supporting Governor Kulongoski's call for a comprehensive, non-politicized review of the land use program in Oregon. We are also working with legislators to develop a funded mechanism by which landowners with legitimate claims of significant property devaluation stemming from land-use regulations can be compensated for those losses—instead of forcing the State and local governments into granting special immunity from zoning safeguards. We are also monitoring local Measure 37 activities to help citizens minimize the damage this measure as written can do to their communities. Finally, we are working to improve local land-use programs through public participation and understanding.

What does Measure 37 put at risk?

Over 700,000 people have moved to Oregon since 1990. We have found homes for them all: homes that are less expensive than their counterparts in either California or Washington. At the same time we have protected agriculture, Oregon's second largest industry. New industries attracted by Oregon's quality of life, including various high technology clusters and creative design firms, have prospered here. We have managed to create more choices in housing and transportation giving Oregon the best growth management record in the nation. Measure 37 puts all this at risk by creating property-owner by property-owner zoning that confuses everyone and benefits only a few privileged landowners.

In Oregon, we have shown that citizen-driven community planning works. It was average Oregonians who attended public meetings and hearings to create our Statewide Planning Goals. Citizens continue to show up at hearings for land use proposals, zone changes and urban expansion because Oregonians have a deep sense of civic engagement. Oregon's success rests on the involvement of its citizens. Measure 37 takes away this involvement by stating that actions taken under it are not land use actions subject to the normal notice and hearings process. This means neighbors may receive no notice of Measure 37 demands and that no hearing may be held on major claims. Few voters realized this was part of Measure 37.

Already, Measure 37 claims have been filed to:

• Build strip commercial and residential development on Willamette Valley farmland outside of the McMinnville Urban Growth Boundary.

• Develop a residential subdivision amongst world famous vineyards in the hills of Yamhill County.

• Build residential subdivisions in the midst of the world's best pear orchards in Hood River County.

• Develop a subdivision near the shore of pristine Wallowa Lake and the grave site of Chief Joseph.

The claims currently filed are just the tip of the iceberg. We are on the brink of marring Oregon's special places and destroying the state's most productive farm economies.

Can the legislature fix the problems with Measure 37?

Oregonians should be able to count on their legislators to remove the harmful waivers and address fairness to individual property owners without hurting neighbors and Oregon's land and economy. We supported legislation in 2001 that could have accomplished this, but that legislation was stalled by special interests. Unfortunately, nor did legislators reach a compromise during the 2005 session. 1000 Friends of Oregon will continue to collaborate with all interested parties to find a workable solution to Measure 37. Please contact your legislators to encourage them to work toward a fair and legal solution to this complicated issue.

Measure 37 Index

And Fairness for None ( M 37 video)

Property Wrongs (Sightline Institute report)

County Maps of Measure 37 Claims (Oregon Dept of Agriculture)

Contact Elected Officials

Write a Letter to the Editor