Appeals court rules with Dorothy English. Property rights Win!

dave oia Appeals court rules with Dorothy English. Property rights Win!The Oregon Court of Appeals issued a decision today that requires Multnomah County to pay $1,150,000 to the Estate of Dorothy English. At long last, Dorothy has finally won!!! The Court rejected and reversed a lower decision by the Multnomah County Circuit Court, which had held that Multnomah County was not obligated to satisfy the judgment which Dorothy had obtained against them. The Court held that a final judgment is just that – a final judgment. If a party is obligated to pay damages, and a final judgment is entered, then that party must pay. In Dorothy’s case, a Multnomah County judge ordered the County to pay Dorothy $1,150,000 in damages under Measure 37. Multnomah County appealed that decision, but then dropped their appeal. Nine months later, Dorothy attempted to collect her money, and the County refused to pay. Today, the Court of Appeals put a stop to the County’s despicable acts.

Dorothy used to talk about the day when she would finally “get even with the bastards that took her land.” Today is that day. My only regret is that Dorothy is not here to celebrate with the rest of us. I suspect she knows what’s happened, and is having a good laugh.

For Joe Willis and everyone at Schwabe Williamson who worked on this case, thank you – you’ve done a great service for a great lady. And for all of you who have asked me about Dorothy and about this case, thank you for caring. Today is a really good day.

Dave Hunnicutt

tt twitter big4 Appeals court rules with Dorothy English. Property rights Win! tt digg big4 Appeals court rules with Dorothy English. Property rights Win! tt facebook big4 Appeals court rules with Dorothy English. Property rights Win! tt reddit big4 Appeals court rules with Dorothy English. Property rights Win!

Posted by at 05:51 | Posted in Measure 37 | 14 Comments |Email This Post Email This Post |Print This Post Print This Post
  • devietro

    Thanks for your hard work OIA about time they made the right decision.

  • UB

    “Dorothy English Way” sounds like a worthy street name to many folks here.

  • Jerry

    It is just too, too sad that “government for the people” often is exactly the opposite.
    Why are the complete morons who refused to pay her still working? That is my question.
    There seems to be zero accountablity for these “public servants”.
    How very sad.
    Nice for her estate, but none of it ever should have happened.
    If these buffoons had to pay her out of their own pockets they would not act the same way.
    But wait, I forgot, they don’t have any money because they are life’s losers, working in some pathetic public office.
    How brave of them to ignore the court.
    Who are these people and how do we get them??
    And why can’t they be gone?

  • Anonymous

    Sorry Dave, you’ve done a great job but it ain’t over until the cash is in Dorthy’s estate. You know damned well the bastards will take to to the Oregon Supremes and further. Why? Cause they are Bastards!

  • Bob Clark

    I think the award should of been double because it was obvious mis behavior by the county designed to intimidate anyother folks thinking of challenging the county with respect to property rights. It should for certain include interest from the date of the initial award.

    • Alex

      I hate the state of Oregon and their Socialist policies against property owners. It is good to see that a person can still win against this socialist state. Too bad it was draged out so long by the political hacks. I wish Mrs. English had lived to see this day. Multnomah county Socialist now have to pay up and I just wish the judges had multiplyed the judgement by the factor of years it took to get her justice. You stink Multnomah county!

  • Rupert in Springfield

    Frankly the award should include interest, which the county should be liable for, and penalties, which those who made the decision to disobey the order, should be personally liable for.

  • anonymous

    Her land was not “taken.” Her prior right to build additional houses on her land was taken.

    Given what happened to the housing market, her estate might be much better off with the settlement, than if they had built the housing, ven acounting for the lawyers fees. They might not have had any buyers.

    Everyone happy about the outcome should remind themselves that it is not “the government’s” money that will pay this bill. It is the taxpayer’s money.

    • Jerry

      That was our whole point about how stupid and foolish the county “officials” are and were.
      To say they are fools is too, too kind.

      • ANONYMOUS

        “Bastards”! They are “Bastards”!

  • John in Oregon

    > *Her land was not “taken.” Her prior right to build additional houses on her land was taken.*

    Which is worse? Taking her property outright? Or leaving her name on the title while preventing her from doing *anything* with the property, including rebuilding her home had it burned? The intrusion upon the liberty of Dorothy English is just stunning.

    No less stunning is the apologists who dismiss the injustice as only taking a little of Dorothy’s liberty.

    > *Given what happened to the housing market, her estate might be much better off*

    I assume by that you mean the market in which Government has driven the land cost of single family housing beyond the reach of young families who would like to live in such a home. Or the market in which the Government required that risky loans be made to offset the Governments intrusion upon private property. Oregon Government can be proud of being number five for top foreclosure rates.

    > *Everyone happy about the outcome should remind themselves that it is not “the government’s” money that will pay this bill. It is the taxpayer’s money.*

    Again the apologist speaks. It’s the peoples money when convenient to deflect the issue. Otherwise it’s the Governments money, just ask the Portland City Council, the County Commissioners or those in Salem. Do they, the Government elite, believe it’s the peoples money?

    Now that we have disposed of the apologist collectivists distraction of “the peoples money” let us talk about liberty.

    “The right of the people to be secure in their persons, houses, papers, and effects”. As John Locke explained the importance of the right to property as the foundation of any secure and free political regime:

    “Locke stumbled upon a fascinating political truth. The stability of any polity is directly related to the government’s ability to protect its citizens’ rights to buy, sell, own, exchange and/or keep their private property.”

    As Larrey Anderson notes “The Peruvian economist, Hernando de Soto, has done groundbreaking research that has proven the John Locke was correct. Professor de Soto’s monumental book, The Mystery of Capital, explains in shocking detail what happens when governments hinder, refuse to protect, or actively intervene in preventing the free exchange of private property.”

    Thomas Sowell gives us this insight into the results of governmental meddling with private property: “When bureaucracy and frustrating legal systems drive economic activities underground, the losers are not simply those engaged in these activities. The whole country loses when legal property rights are not readily available because investment is stifled.”

    America, until recently, had a two hundred year tradition of protecting the free exchange of property between its citizens.

    Now in its place, Oregon allows the people to hold title and not the right to choose what is built upon the land. The people hold the deeds and not the right to decide what crops or flora is planted on the land. The right to incorporate a business and not the right to choose how the business is to be operated.

    • anonymous

      “Which is worse? Taking her property outright? Or leaving her name on the title while preventing her from doing anything with the property, including rebuilding her home had it burned?”

      Taking her property outright would clearly have been worse. Assuming she still had her house and was living there, and assuming the land was zoned for forestry, she still had significant use rights. Just not the use rights she had prior to the state land use system voted in by the legislature twice and upheld by direct vote of the people in 5 attempted repeals.

      Zoning of land has been around for many decades. It says what one can and can’t do in order to balance individual and community rights. Zoning is never permanent, can change in the direction of granting more rights or less. When zoning changes, counties hold hearings, send out notices, consider options, and then make decisons that can be appealed. Zoning provides order and predictability to land use. Nothing “stunning” about it.

      By “market,” I mean what rural land is selling for for development purposes. That number has dropped about 50% according to an Oregonian report, and that assumes one can actually find a buyer. I’m saying the money the estate got is probably a lot more than they would get on the market today for that property.

      It’s taxpayer money sent to the county to pay for a set of services. To the extent ot goes to the english estate, it ain’t going to pay for those services.

      Private property rights are and always have been limited, either by custom or law. There is a long history I can point you to if you would like.

      Beyond that, why belittle an argument by labeling me “an apologist?” l’m not apologizing for anyone. I’m stating an opinion, same as you, and I don’t feel the need to label you to make my point.

  • John in Oregon

    > *Taking her property outright would clearly have been worse.*

    Oh Really? I can’t speak for Dorothy of course, but I saw the Strength, Class and Grace she demonstrated. At least the man who robs the convenience market with a gun is honest that he is a thief. The only reason out right confiscation would be worse is then the county could not pretend Dorothy had any rights.

    > *Just not the use rights she had prior to the state land use system voted in by the legislature.*

    You have captured it nicely. How dare Dorothy think she had ANY rights. Rights are only what the Government is willing to grant to the serf. As a vassal Dorothy must bow in supplication to the sovereign council of Multnomah, The lords and ladies of the realm.

    > *system voted in by the legislature twice and upheld by direct vote of the people in 5 attempted repeals.*

    An excellent example of newspeak revisionist history. Paul Joseph Goebbels, and George Orwell would be proud.

    Dorothy petitions for relief from the legislature, a small measure of justice snatched away by the stroke of the Royal Governors pen. THE PEOPLE HAVE SPOKEN.

    Measure Seven. Ohh Thank God we were saved by the black robes. THE PEOPLE HAVE SPOKEN.

    Dorothy begs in supplication for relief from the legislature, a small measure of justice. Our Government champion now draws his weapon, the Royal Governors pen. THE PEOPLE HAVE SPOKEN.

    Measure Thirty Seven. Not even the black robes have the stomach to strike down. THE GREAT UNWASHED RABBLE ARE AT THE GATES OF THE CITY.

    Measure Forty Nine to save the day. Focus group subterfuge to confuse. THE GOVERNMENT HAS SPOKEN.

    > *can change in the direction of granting more rights or less.*

    AGAIN, the Government, the source of all wisdom, grants the rights. Only those rights the wisdom of Government chooses for the vassals. Of course rights are only what Government says they are. Never more, always less.

    > *It says what one can and can’t do in order to balance individual and community rights.*

    In the winter of Valley Forge you wish us to believe that George Washington and the continental army suffered to protect Community Rights.

    General George Washington set a different example. He gave orders to his soldiers not to remove people from their homes and lands and not to take food or livestock without paying. *Even when his men were starving and freezing, he held firm to that principle.*

    Are we to forget that Thomas Jefferson said “The true foundation of *republican government* is the *equal right* of every citizen *in his person and property* and in their management”?

    Must we ignore that the constitution of the United States which prohibits government taking private property taken by the without payment.

    In a quote attributed to the LA Times,

    “Democracy is not freedom. Democracy is two wolves and a lamb voting on what to eat for lunch. Freedom comes from *the recognition of certain rights which may not be taken, not even by a 99% vote.”* This is the difference between a Republic link the United States and a democracy where rights are up for a vote.

    > *counties hold hearings, send out notices, consider options, and then make decisons (sic)*

    The history is murky, nevertheless I am quite sure that when William Wallace (Braveheart) looked down at his disemboweled intestines he chose not the word BUREAUCRACY for his last breath.

    > *Private property rights are and always have been limited, either by custom or law.*
    > *Assuming she still had her house and was living there, and assuming the land was zoned for forestry*

    Sometimes the slippery slope argument is overused. If the nose enters the tent the camel will follow.

    Here we have the inverse argument. The friction flat argument. All is well so long as the tip of the tail remains outside.

    And about those public hearings. You know the ones? The hearing where conclusion is what the planner planed. The scale is an honest measure of weight. Like the dishonest butcher, watch the bureaucrats thumb.

    Its just a level playing field don’t you know. So long as the property owner retains only ONE percent they are good to go. One for you Ninety Nine for me, I’m the planner man, the planner man.

    Is that a bit sarcastic? Not at all. It’s Oregon law. Rules of the planner, Administered by the bureaucrat, For the Government.

    > *It’s taxpayer money sent to the county to pay for a set of services.*

    Really? I would be more sympathetic to that IF the County were to open the new jail, maintain the bridges, build and repair roads and other mandated services. There is money for pet feel good projects, never for the public safety.

    • anonymous

      We are the government John. That is why Washington crossed the Delaware. I’m sorry you feel this alienated from your government, but I don’t share that feeling.

      If you live in Multnomah County, it is YOUR money going to pay the English estate. It is the same money that could have been used to operate the jail, repair, roads, and so forth.

Stay Tuned...

Stay up to date with the latest political news and commentary from Oregon Catalyst through daily email updates:

Prefer another subscription option? Subscribe to our RSS Feed, become a fan on Facebook, or follow us on Twitter.

Twitter Facebook

No Thanks (close this box)