Hector MacPHERSON; Bannockburn Farms, Inc.; Clackamas County Farm Bureau; Linn County Farm Bureau; Washington County Farm Bureau; Marion County Farm Bureau; Yamhill County Farm Bureau; David T. Adams; Mark Tipperman; James D. Gilbert; Northwoods Nursery, Inc.; David A. Vanasche; Keith Fishback; Fishback Nursery, Inc.; Jack Chapin and 1000 Friends of Oregon, Plaintiffs-Respondents,
v.
DEPARTMENT OF ADMINISTRATIVE SERVICES, Risk Management Division, by and through Laurie Warner, its Acting Director; Land Conservation and Development Commission, Department of Land Conservation and Development, by and through Lane Shetterly, its Director; and The State of Oregon Department of Justice, by and through its Attorney General, Hardy Myers, Defendants-Appellants, and
Clackamas County; Marion County; and Washington County, Defendants, and
Barbara Prete; Eugene Prete; Dorothy English; Howard Meredith; and Jackson County, Intervenors-Defendants-Appellants.
Supreme Court of Oregon, En Banc.https://leagle.com/images/logo.png
Argued and Submitted January 10, 2006.
Decided February 21, 2006.
Attorney(s) appearing for the Case
Russell L. Baldwin, Lincoln City, argued the cause and filed the briefs for appellant Howard Meredith.
Michael D. Jewett, Jackson County Counsel, Medford, argued the cause and filed the brief for intervenor-appellant Jackson County.
Janet A. Metcalf, Assistant Attorney General, argued the cause for appellants Department of Administrative Services, Land Conservation and Development Commission, and The State of Oregon Department of Justice. With her on the briefs were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, Stephanie Striffler, Special Counsel to the Attorney General, Erika Hadlock and Kaye E. McDonald, Assistant Attorneys General.
James L. Huffman, pro hac vice, Tigard, argued the cause for intervenor-appellants Barbara Prete, Eugene Prete, and Dorothy English. With him on the brief were Ross A. Day and David J. Hunnicutt.
Todd S. Baran, Portland, argued the cause and filed the brief for respondents.
John M. Groen, of Groen Stephens & Klinge, LLP, Bellevue, Washington, and Russell C. Brooks, Andrew C. Cook, Pacific Legal Foundation, Bellevue, Washington, filed a brief on behalf of amicus curiae Pacific Legal Foundation.
David B. Smith, Tigard, filed a brief on behalf of amici curiae Dennis Rasmussen, Harvey Kempema, and Charles Hoff.
David J. Hunnicutt, Tigard, filed a brief on behalf of amici curiae Oregon Cattlemen's Association, Oregon State Grange, and Oregonians in Action.
Edward H. Trompke, of Jordan Schrader PC, Portland, filed a brief on behalf of amici curiae National Association of Home Builders and Oregon Home Builders Association.
Glenn Klein, of Harrang Long Gary Rudnick, PC, Eugene, filed a brief on behalf of amicus curiae League of Oregon Cities.
Jason T. Elder, of Sidley Austin Brown & Wood LLP, Hong Kong, and Carter G. Phillips, Jay T. Jorgensen, and Brian R. Matsui, of Sidley Austin Brown & Wood LLP, Washington, DC, and Scott A. LaGanga, Property rights Alliance, Washington, DC, filed a brief on behalf of amici curiae Property Rights Alliance, American Association of Small Property Owners, Americans for Tax Reform, American Land Rights Association, Bluegrass Institute for Public Policy Solutions, Citizens Against Government Waste, Citizens' Alliance for Property Rights, Defenders of Property Rights, Illinois Policy Institute, National Center for Public Policy Research, National Taxpayers Union, Oregon Livestock Producers Association, Small Business and Entrepreneurship Council, and The American Family Business Institute.
Dorothy S. Cofield, Cofield Law Office, Lake Oswego, filed a brief on behalf of amicus curiae Washington Legal Foundation.
Richard M. Stephens, of Groen Stephens & Klinge LLP, Bellevue, Washington, and William H. Mellor, Jeffrey T. Rowes, Institute for Justice, Arlington, Virginia, and William R. Maurer, Institute for Justice, Washington Chapter, Seattle, Washington, filed a brief on behalf of amicus curiae Institute for Justice.
Edward J. Sullivan and Carrie A. Richter, of Garvey Schubert Barer, Portland, filed a brief on behalf of amici curiae Oregon Chapter of the American Planning Association and the American Planning Association. With them on the brief was Lisa Gramp.
Charles F. Hinkle, ACLU Foundation of Oregon, Inc., Portland, filed a brief on behalf of amicus curiae ACLU Foundation of Oregon, Inc.
Supreme Court of Oregon, En Banc.
DE MUNIZ, C.J.
In this case, we are required to determine the constitutionality of Ballot Measure 37 (2004), a statutory enactment that the people approved at the 2004 General Election.1 The measure requires government to either compensate landowners for reductions of real property fair market value due to certain "land use regulation[s]" or modify, remove, or not apply such regulations.2 Plaintiffs filed the...
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