Oregon Supreme Court will hear Measure 37 appeal in January

Wednesday, November 09, 2005 -- Laura Oppenheimer

Oregon's Supreme Court will decide the future of the state's property rights law this winter.

Justices agreed Tuesday to hear arguments Jan. 10 in the appeal of a Marion County Circuit Court decision to strike down Measure 37. They had been expected to wait until next summer.

Most likely, the Supreme Court will have final say on whether the voter-approved measure survives. More than 2,500 claims for payment or development rights are in limbo in the meantime.

Last month, Marion County Circuit Judge Mary Mertens James ruled Measure 37 unconstitutional. She said it hamstrings the Legislature and favors longtime property owners over those who bought land more recently.

Conservationists including 1000 Friends of Oregon, the group that waged the case, applauded James' decision. However, some property rights activists are teaming up with Oregon's Constitution Party in an attempt to recall James, which they launched Saturday at a kickoff rally in Keizer.