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November 26, 2007


Brian: they have to. Patti told us on TV that passage of 49 would lead to an erosion of all of our civil rights.

She and Sam are being courageous in standing up to the mistaken vote of the people.

Patti and Sam's concern for our civil rights requires them to act as they did.

We need to remember this and reward them appropriately.

We need a larger commission, a commission that represents the voters, commissioners who represent districts, not the development community.

Most everywhere, if you look at who is on those commissions, it's real estate people and developers. They run for the positions when often nobody else wants the jobs-- plus they have the money behind them to put out advertisements. This is not about freedom. It's about money for a few like so much else.

Sam and Patti being voted out of Office sounds like an excellent Idea to me. The sad part is that these County Commissioners are acting against the advice of their Department's Legal Counsel !!! WHY ???

Wow, Marion County Commissioners have their heads in the sand. On Nov.15th Clackamas County Commissioners voted to issue notices for any Measure 37 permit applications before Dec. 6th. This was sent from the Commissioner's to the county departments. "Until the effective date of Measure 49 on December 6th, all development applications or permit for projects previously receiving land use approval under Measure 37 must include a notice to be signed by the development’s applicant that the county may be placed in the position on December 6th of placing a stop work order due to a permit granted between November 15th and December 5th. If acknowledgment of the notice is not signed by the applicant, staff is directed to not approve the permit or development action."

Brian, I thought you would be interested that a few weeks ago Pete's Mountain Homeowners Assoc. received notice that LUBA has remanded the Clackamas County Hearing Officer’s decision on Tumwater Estates Subdivision (41 homes) based on 4 of the 8 issues that PMHA raised at LUBA where it argued that the Hearing Officer had made decisions in error.

The four issues LUBA sustained are:
1.) concern over development in areas of declining groundwater;
2.) concern about fire suppression;
3.) concern over the length of the cul-de-sac (they didn’t meet the County ZDO requirements);
4.) preservation of the old, 46” diameter Oak tree at the corner of Schaeffer & Mountain Roads.
Now the County will not be issuing any additional permits on this project [Tumwater] pending resolution of the remand and/or M37/49 issues.

However, we are still waiting to hear from the County on vesting criteria. Tumwater had graded and graveled roads before it stopped.

What I fail to understand is that if they could not establish "vested interest" when HB 3540 passed, how can they do it now?

If you know that a change may occur in the law, anything you do AFTER you are aware of the pending change, cannot have been done in good faith. Good faith is a factor in deciding whether an action can contribute to vested interest.

Laack probably does not care about the land now and is more likely cutting off his nose to spite his face.

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