$14 Million Measure 37 Claims Against Portland

The following is a press release from O’Donnell & Clark LLP:

PRESS RELEASE: October 26,2006:

TWO FAMILIES FILE MEASURE 37 CLAIMS AGAINST CITY OF PORTLAND WORTH NEARLY $14,000,000.00

PORTLAND, OR “” Two families with approximately 33 acres of property on SE Powell Blvd. filed Measure 37 claims totaling $13,947,000.00 against the City of Portland over Portland’s environmental overlay zones and other zoning put in place after they purchased the property. Myron Curtis, of Curtis Trailer Sales, and Moyer Theaters, the Moyer family’s longstanding Portland business, filed one claim each, claiming that Portland’s zoning laws had severely diminished the value of their properties, comprising 20 acres and 13 acres respectively, stretching between SE 102 and SE 108 Avenues.

“Portland’s environmental overlay zones have devastated the value of these families’ properties without providing any significant environmental benefits to the community” said Roggendorf, an attorney with the law firm of O’Donnell & Clark, representing the Curtises and the Moyers. “Our clients are not short-term real estate speculators or large development firms. Rather, they are local families with deep and longstanding roots in the community who purchased these properties 40, even 50 years ago. Through the implementation of regulation after regulation, the City has decimated these families’ investments and destroyed any reasonable use of most of these properties,” Roggendorf stated. “It is simply not fair.”

The City’s environmental overlay zones are highly complex and confusing regulations that restrict all but the most limited uses of properties subjected to these regulations. In most cases, these regulations prohibit development of as much as 85% or more of such property. When other zoning changes and regulations are considered, such as bans on retail commercial uses and sign restrictions, the values and uses of these properties have been reduced even further.

“If the City is willing to negotiate, we are willing to listen,” said Roggendorf. “But the cost of open space and parks cannot be foisted off onto individual landowners just because it is easier and cheaper for the City than paying for what it wants. Measure 37 tells the government “˜no more.'”

Contact: Kristian Roggendorf (503) 274-1168 [email protected]

Post to Twitter Post to Facebook Post to LinkedIn Post to Reddit

Posted by at 07:24 | Posted in Measure 37 | 15 Comments |Email This Post Email This Post |Print This Post Print This Post
  • Jerry

    This is a good thing – best of luck to them in their suit.

  • Dave A.

    I pass both of those properties on my way down Powell to work every day. Both parcels have lots of room for improvements. I hope both of the parties STICK IT TO POTTER & THE REST OF THE SCUM AT CITY HALL!

  • Marvin McConoughey

    I am very happy not to live in Portland. It ranks high on the list of reasons why Oregon’s economy is not doing better.

    • HappyPacy

      Ptld City government and Mult. Cty are out of control with their power plays! Lawsuits again–a necessary evil. Necessary, because it seems to be the only language the city and county seem to understand. Evil, because it seems the taxpayer always ends up with the tab (even the taxpayer that is suing – some irony there) Too bad we don’t have an omsbudsman at Metro that could act as an intermediary between property owners and Ptld City/Mult. Cty–and an injunction in place barring any regulation till parties can work things out. But, I guess that would require reason and logic–a language alien to government. Good luck with your suits–you have a right to protect what is yours!

    • HappyPacy

      Ptld City government and Mult. Cty are out of control with their power plays! Lawsuits seem to be a necessary evil since it seems to be the only language they understand. Too bad we don’t have an omsbudsman at Metro that could act as an intermediary between property owners and Ptld City or Mult. Cty–and an injunction in place barring any regulation till parties can work things out. But, I guess that would require reason and logic, a language alien to government. Good luck with your suits. You have a right to protect what is yours!

    • Anonymous

      Hey Marvin,

      Oregon now has one of the fastest growing economies in the nation. Also has some of the fatest job growth. weird huh?

      • Marvin McConoughey

        Re: Economic growth. Oregon, as with most states, has been experiencing economic growth as part of a national economic recovery from the most recent recession. My understanding is that Oregon’s recent initial unemployment claims are higher, help wanted advertisements are down, and economic trends suggest a slowing growth rate. See, for example, “Oregon’s economic growth slows,” in the October 10 Oregon Business Journal. But that begs the question of what it means to claim Oregon as “one of the fastest growing economies?” Would it mean that we are in the top two, top twenty, top 40, among the states?

        • Anonymous

          What it does is go to show oregon is doing better, unlike what you claimed.

  • Anonymous

    I’d like to hear both sides of this story. because the properties over there are already being used pretty intensively, so i’m not sure how they are losing any value to thier property. behind those businesses is a big ass hill with super steep slopes. not sure they could build much up there anyway. So how are they losing value to thier property? especially when the properties are being used for a business already?

  • Jerry

    Both sides? How about letting the free market decide, not some stuffed suit in an office somewhere without a clue?

    • Anonymous

      I think the person who needs a clue is you. some “stuffed suit in an office” probably has better knowledge of the history of the site, the circumstances behind the ownership, zoning, historic land uses, and stability of the property. you, as a local yokal someplace have no clue on any of that. and so to say let the free market decide is completely ignorant. the free market sold 50×100 foot lots on the face of cliffs to people back east during the 1903 Lewis and Clark exposition. yeah, the free market did a great job there.

      by the way, i have some amazing waterfront property to sell you in florida.

  • Marvin McConoughey

    My first claim was that “Portland …. ranks high on the list of reasons why Oregon’s economy is not doing better.” I believe that to be true, whatever your view of the state’s performance. The patterns of high regulation, politically driven business controls, and managerial miscues are regrettable, but influential because Portland is the dominant city in Oregon. Though not easily quantifiable, I believe that Portland’s worsening traffic congestion, bottlenecks, and restricted bridge infrastructure also harm economic growth: in Portland, the surrounding region, and indirectly in the state.

    My comments on our current economic problems are based in part on the Portland Tribune report already cited, but other references also exist. In addition to the PBJ report, see also the Statesman-Journal Sept. 9 2006 report, “Index: Oregon economy slowing,” by Don Curie. The article is based on the University of Oregon’s Index of Leading Indicators for the state and states, “The index has now declined 1.3 percent during the past six months.”

    The September Oregon Economic Forecast is also circumspect. Job numbers did increase but “recent job growth is running a little better than one percent compared to the 3.5 percent growth rate of the prior two-year period.” “[T]he prognosis is for slower growth in the Oregon economy.” Our expected good annual job growth rate is split, with good growth until recently, and a projected end-quarter slowing. We are now in the end quarter.

    • Anonymous

      See, i like that. i like tangible facts.

      It still seems to me oregon is doing well now. in comparison to other states anyway.

  • Marvin McConoughey

    I believe that “Portland …. ranks high on the list of reasons why Oregon’s economy is not doing better” is true. High regulation, politically driven business controls, and managerial miscues are regrettable, but influential because Portland is the dominant city in Oregon. Portland’s worsening traffic congestion, bottlenecks, and restricted bridge infrastructure also harm economic growth: in Portland, the surrounding region, and indirectly in the state.

    My comments on our current economic problems are based only in part on the Portland Tribune report already cited. See also the Statesman-Journal Sept. 9 2006 report, “Index: Oregon economy slowing,” by Don Curie. The article is based on the University of Oregon’s Index of Leading Indicators for the state and states, “The index has now declined 1.3 percent during the past six months.”

    Per the September Oregon Economic Forecast, job numbers did increase but “recent job growth is running a little better than one percent compared to the 3.5 percent growth rate of the prior two-year period.” “[T]he prognosis is for slower growth in the Oregon economy.” Our expected good annual job growth rate is split, with good growth until recently, and a projected end-quarter slowing. We are now in the end quarter.

  • Marvin McConoughey

    My apology for the double posting. It was inadvertent.

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)