Free Republic

IV. CONCLUSION In sum, we conclude that (1) plaintiffs' claims are justiciable; (2) Measure 37 does not impede the legislative plenary power; (3) Measure 37 does not violate the equal privileges and immunities guarantee of Article I, section 20, of the Oregon Constitution; (4) Measure 37 does not violate the suspension of laws provision contained in Article I, section 22, of the Oregon Constitution; (5) Measure 37 does not violate separation of powers constraints; (6) Measure 37 does not waive impermissibly sovereign immunity; and (7) Measure 37 does not violate the Fourteenth Amendment to the United States Constitution. The trial...

Oregon's Supreme Court has resuscitated the controversial property rights law that could redefine rural Oregon. Measure 37 did not violate state and federal constitutions as a lower court thought, justices said this morning in a sweeping, unanimous opinion. Their decision -- which will be dissected across the nation -- jump-starts more than 2,500 applications to develop land controlled by government regulations.