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Citizens for Constitutional Fairness v. Jackson County

Citation: 40 ELR 20202
No. No. 09-35653, (9th Cir., 07/20/2010)

The Ninth Circuit held that a 2007 voter-approved initiative that overturned a 2004 initiative giving property owners relief from development restrictions under Oregon land-use laws, or payment for the lost value of their land, did not violate the Contract Clause of the U.S. Constitution. Waivers granted under the 2004 initiative--known as "Measure 37"--were not contracts between the property owners and the county. The waivers do not show that there was any offer by the county, acceptance by the property owners, or consideration. Because there is no contract, there was no Contracts Clause violation when the measure was overturned three years later.