Posts by Hines Brian

There's a debate going on in the blogosphere over whether Oregon's Measure 49 – to be voted on this November – really helps surviving spouses. The subject is mostly of interest to land use junkies or people with Measure 37 claims, but it points up the difference between how pro- and anti- Measure 49 folks address issues. Namely, with reason and logic (pro) or emotion and it's-true-because-I-say-so (anti). Over on a blog that inaccurately proclaims to tell the truth about Measure 49, it's asserted that if you're a surviving spouse "Measure 49 will get ya!" When I came across this…

Good news for Oregon. A federal judge, Ann Aiken, has refused to strike down the ballot language for Measure 49, the much-needed fix for Measure 37. Interestingly, the decision came shortly after the case was reassigned from Judge Hogan to Judge Mosman, and then further reassigned to Judge Aiken. I don't know what this means or how it came about, but the final decision was fair (and expected, by me at least). The AP story says that Oregonians in Action plans to lawsuit their way on with a challenge in Marion County District Court. Suggestion to OIA: why don't you…

Lots of Oregonians take the water that comes out of their faucets for granted. But if you rely on a well, you don't. Measure 37 opened up farm and forest land for development that lacks enough water for subdivisions. Fortunately, Measure 49 is riding to the rescue of people like us and our neighbors whose rural water supply is threatened by Measure 37 claims in groundwater limited areas. Maybe you think that Oregon already has protections against subdivisions causing surrounding wells and springs to go dry. If so, think again. My wife and I know whereof we speak. As do…

Whew! I feel a lot better now about the chance of the Oregonians in Action lawsuit against Measure 49 being rejected by federal Judge Hogan. I just did a quick read-through of the Oregon Attorney General's response to the lawsuit (thanks to Peter Bray of Land Use Watch, who made it available on his blog). You can read the 31 PDF'd pages yourself. Download oia_lawsuit_response.pdf Some points that leapt out at me: --(page 5) Yes, it would cause voter confusion if Measure 49, which fixes many of the flaws in Measure 37, were to go on the ballot without a…

Bad choice. The Salem newspaper is leaning toward giving a "Tossup" to The Nature Conservancy for contributing more than $350,000 to the Yes on Measure 49 campaign. Measure 49 is a much-needed fix for Measure 37, which trashed Oregon's land use system and gave special rights to a few privileged property owners. The Statesman Journal editorial board is asking for comments on their planned Winners and Losers piece that will run tomorrow (Monday). This is what I told them: Come on. The Nature Conservancy should get a big thumbs-up, not a tossup, for contributing $350,000 to the Yes on 49…

Just got this. It's way too late for me to read 60 pages of Oregonians in Action B.S. about why the Measure 49 ballot language is bad, bad, bad (not to mention unconstitutional). But maybe there are some insomniac land use lawyers surfing the net right now. So here you are: a Memorandum of Law in Support of Application for Temporary Restraining Order and Motion for Preliminary Injunction. Download oia_lawsuit.pdf Yawn.

It’s going to cost my wife and me $500 to put a “Vote YES” argument in the Measure 49 section of the Oregon voter’s pamphlet. So please read the 323 words that I crafted this afternoon (see continuation to this post).

Every additional person who peruses this electoral work of literary art makes me feel better about the check I’ll soon be writing to the Elections Division.

If you want to follow in my politically active footsteps, click on this page and find the link to SEL 405, the cryptically numbered PDF form for filing a measure argument for the November 2007 special election.

(For some reason the form still refers to “2006 Voter’s Pamphlet Filing Fees and Deadlines, but I was told by the Elections Division to use it anyway).

We’ve never paid for a voter’s pamphlet argument before. But then we’ve never cared so much about a ballot measure before.

Our neighborhood’s wells and commonly owned lake are threatened by a Measure 37 subdivision. That’s made a whole lot of people around here into land use activists and Measure 49 supporters – even many who voted for Measure 37 and have come to see what a mistake that was.

It’s nice to see that a poll of Oregon voters by Riley Research found that 58% said they were likely to vote “Yes” on Measure 49, while just 12% opposed it.

Hopefully this will put a sock in the mouth of Oregonians in Action and other die-hard Measure 37 supporters who keep blathering about how voters shouldn’t be asked to express their opinion on Measure 37 again.

It sure looks like their opinion has changed, now that Oregonians have learned that large subdivisions on farm, forest, and groundwater limited land are the true face of Measure 37, not sweet old Dorothy English.

Here’s our argument in favor of Measure 49. It might change some before I submit it along with our check. The truth of which we speak is unalterable though: Our groundwater is threatened by the proposed 42-lot Measure 37 subdivision. And Measure 49 is our best hope for keeping our wells and lake from drying up.

The Portland Business Journal is reporting that a poll to be released Monday shows Oregon voters strongly support Measure 49, a fix for the seriously-flawed Measure 37, but are more "if'y" about Measure 50, which raises the state tobacco tax and earmarks it for children's health care. Guess this shows why Oregonians in Action, the main Measure 49 opponent, seems to be putting all of its effort into a federal lawsuit that challenges the description that will be on the ballot. If voters are given honest information about what Measure 49 does – protect farm land, forest land, and groundwater,…

Me thinketh Oregonians in Action (OIA) doth protest too much about Measure 49, a balanced effort to fix Measure 37 – which trashed Oregon's land use laws and threatens our state's vaunted livability. Most Measure 37 claimants are going to make out better under Measure 49. If OIA really cared about their constituency, they'd be urging a YES vote this November. As I said in "Measure 49 truth and lies," deception is the only avenue open to OIA and other Measure 49 opponents. They aren't fighting fair because they know they'll lose an honest fair fight. Oregonians don't want more…

Figures. Those who brought Oregon the unfairness of Measure 37, which elevated the property rights of a few over the rights of the many, are at it again – fighting Measure 49 unfairly. This is a much-needed fix for Measure 37 that's going to be voted on in November. It limits large subdivisions and protects our state's farms, forests, and groundwater. The ballot measure language drafted by the 2007 legislature says just this. But truthfulness isn't part of the Oregonians in Action game plan. So they've filed suit in federal court challenging the language that'll be on the ballot. I…