Measure 37 is an issue with more questions than answers right now, and that provided fertile ground for a panel discussion at the Knight Law Center last night.
The discussion, “First Thoughts on MacPherson – What’s the Fate of Measure 37?” was arranged in the wake of the ruling in MacPherson v. Department of Administrative Services that found Measure 37 unconstitutional.
The panel consisted of four University law professors, who looked at what the ruling means for land-use planning in Oregon.
Law professor Garrett Epps analyzed the constitutional basis of the criticized decision, finding some instances in which the ruling held up. He also replied to critics who say that judges ruling on voter-approved initiatives are undemocratic.
Epps compared that to saying that an umpire should ask the crowd before making a controversial call.
“An umpire is democratic because they enforce rules that were decided on democratically,” Epps said. “Without judicial review we simply don’t live under the rule of law.”
Adjunct law professor Keith Hirokawa, the only practicing lawyer in the group, discussed what he called the confusing mess current Measure 37 litigation has become.
With the new ruling, a number of laws and jurisdictions have overlapped, Hirokawa said. This creates problems for the nearly 2,500 current Measure 37 claims and those that may be filed soon.
Law professor Tom Lininger examined the political aspects of the ruling.
Experts say appeals of the circuit court ruling are likely. Facing a last chance to file claims before the Oregon Supreme Court eventually rules on the issue, many potential claimants may rush claims, Lininger said.
“The legacy of MacPherson may be a spike in claims,” Lininger said.
He said he recently spoke with the Lane County democratic chairwoman, and she said the ruling may also have an impact on the 2006 elections.
Law professor Keith Aoki said the two sides of the land-use debate seem like separate worlds, one supporting absolute property rights and the other supporting land-use planning.
Organizer and Sustainable Land Use Planning Fellow Jonathan Evans said he was pleased with the turnout, and he hopes that discussions like this promote community involvement in the issue. More than 50 people attended the discussion.
“There are more people here than there are normally for my classes,” Aoki said.