MacPherson v. Dep't of Admin. Svcs.
- Case Date: 12/5/2005
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On February 21, 2006, the Oregon Supreme Court issued a decision upholding the legality of a ballot measure adopted by the voters for the protection of landowners� rights. The decision reversed a trial court ruling that found the ballot measure to be a violation of the Oregon Constitution. WLF had filed a brief in the state Supreme Court supporting the ballot measure on December 5, 2005. The case was a challenge to the constitutionality of Ballot Measure 37, an Oregon ballot measure protecting landowners who suffer a loss in the value of their property on account of land use regulations. After the passage of the measure in 1994, a state trial court held it invalid under various provisions of the Oregon Constitution. In its brief, WLF argued that the trail court had erred in its ruling under the Equal Privileges and Immunities Clause of the Oregon Constitution; the state Supreme Court agreed.
More Information and Downloads:
12/5/2005: Download the Brief
Litigation Update: Oregon High Court Upholds Ballot Initiative On Property Rights