Powell v. State

This case presents another episode in the long series of disputes generated by Ballot Measure 49, the referendum that modified Measure 37 and altered the government’s obligations with respect to reductions in property value caused by regulation. In this case, plaintiff initially filed a claim under Measure 37 before the enactment of Measure 49, only to have that pending claim extinguished in the circuit court after Measure 49 went into effect. On appeal, plaintiff advances two arguments. Initially, she argues that Measure 49, by its terms, does not apply retroactively. Alternatively,…