Measure 37's Special Privileges & Immunities Challenged as Unconstitutional

Salem, OR - Citing Measure 37's violation of basic protections for fairness under the Oregon Constitution, Farm Bureaus in Linn, Washington, Marion and Yamhill Counties, and 1000 Friends of Oregon announced they have filed suit to invalidate the measure. Filed in Marion County circuit court, the suit asserts that Measure 37 violates the clause in Article 1, Section 20 of the Oregon Constitution that 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."

Measure 37 gives a privileged class of property owners special rights: immunity from community zoning safeguards on which neighbors depend. The plaintiffs argue that this kind of privileged class is unconstitutional. According to Bob Stacey, Executive Director of 1000 Friends of Oregon, "Measure 37 threatens our quality of life and undermines our land use protections. It also creates unfairness and inequity. That's just wrong and, in fact, it's unconstitutional."

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." added Bob Stacey.

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Read more about the lawsuit

Read the complaint as filed (228K PDF)

Read more about Measure 37