MacPherson v. Department of Administrative Services

In this case, we are required to determine the constitutionality of Ballot Measure 37 (2004), a statutory enactment that the people approved at the 2004 General Election. The measure requires government to either compensate landowners for reductions of real property fair market value due to certain “land use regulation [s]” or modify, remove, or not apply such regulations. Plaintiffs filed the present declaratory judgment action in circuit court pursuant to ORS 28.020 and ORS 250.044, 3 seeking to invalidate Measure 37 on various state and federal constitutional grounds. The trial court…