1000 FRIENDS CHALLENGES ORDINANCES ALLOWING CITIES,
COUNTIES TO IGNORE LAND USE LAWS UNDER MEASURE 7

1000 Friends of Oregon has filed legal challenges to ordinances adopted by 22 cities to implement Measure 7, arguing the ordinances authorize development prohibited by local zoning and state land use laws. 1000 Friends believes the local ordinances could be used to authorize everything from cell towers in residential zones to development on coastal sand dunes.

Implementation of Measure 7 is currently blocked by an injunction issued on December 6 by Marion County Judge Paul Lipscomb. Before the injunction was handed down, however, dozens of city councils and county commissions around Oregon adopted ordinances establishing procedures for the processing of compensation claims under Measure 7.

Many of these ordinances purport to allow local governments to "waive" (i.e., not enforce or apply) any regulations that might give rise to Measure 7 claims. 1000 Friends contends that nothing in Measure 7 gives cities and counties the power to override or waive the state land use planning laws that protect farmland, forest lands, and coastal resources; curb urban sprawl; and require planning and zoning for affordable housing and economic development.

In addition, 1000 Friends will argue that several of these ordinances were adopted without adequate notice to the public or opportunity to comment at a hearing.

"We understand the difficult position local governments have been put in by the passage of Measure 7," said 1000 Friends executive director Robert Liberty. "Cities and counties are justifiably worried about the prospect of incurring liabilities their taxpayers can’t afford. We have no desire to become embroiled in litigation with them over this measure.

"But we cannot sit on the sidelines and allow the laws that have made our state a great place to live to be gutted," Liberty continued. "Oregonians voted for compensation, not for the repeal of state land use laws and local zoning."

Liberty noted 1000 Friends is challenging the local ordinances at this time because state law requires appeals to be filed within 21 days after a land use decision becomes final, or the decision is forever insulated from appeal.

As of this morning, here is the list of the 22 cities whose ordinances have been appealed to the Land Use Board of Appeals (LUBA), along with the date of the appeal:

1000 Friends expects to file challenges today to ordinances passed by Multnomah County and Washington County. More appeals may be filed in the coming days as appeal deadlines approach. Cities and counties with ordinances that have appeal deadlines in the coming week include:

1000 Friends executive director Robert Liberty has said that local governments can avoid litigation by repealing the waiver provisions of their ordinances. Cities and counties that have repealed or modified their ordinances in this fashion include Jackson County, Hood River County, Brookings, Columbia City, Creswell, Dallas, Detroit, Falls City, Idanha, Stayton, and Vernonia. Other jurisdictions are considering similar repeals.