A subdivision project enabled by Oregon's Measure 37 and already under development when the state's voter passed the counteractive Measure 49 in November may be allowed to continue, raising questions about how to interpret to competing measures.
"The Clatsop County Planning Commission may ignore the advice of county staff and approve a couple's Measure 37 bid to build a 28-lot subdivision."
"The commission didn't hold its first hearing on the subdivision until Nov. 13, a week after voters approved Measure 49, which scaled back 7,500 property development claims filed under the earlier measure. Measure 49 will limit many of those claimants to building one to three homes, or 10 at most."
"Although it was clear the law was about to change, the planning commission has held that property owners James and Virginia Carlson began their project fairly under Measure 37 and ought to be allowed to continue, because Measure 49 doesn't kick in until Thursday."
"The case illustrates the confusion over putting Measure 49 into effect. Oregon's counties are all over the map on key parts of it, and landowners, land-use lawyers and partisans are on a collision path with the court system to sort it out."