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Keywords

plaintiffjurisdictionattorneystatuteinjunctionappealhearingtrialsummary judgmentcorporationregulationdeclaratory judgment

plaintiffjurisdictionattorneystatutetrialcorporationregulation

Related Cases

League of Oregon Cities v. State, 334 Or. 645, 56 P.3d 892

Facts

In November 2000, Oregon voters approved Measure 7, which mandated compensation for property owners affected by restrictive regulations. Following the election, plaintiffs filed complaints asserting that the measure was invalid due to constitutional violations, including the separate-vote requirement. The trial court consolidated the actions and issued a preliminary injunction against the Secretary of State from canvassing the votes. After a summary judgment hearing, the court ruled that Measure 7 was invalid, leading to the state's appeal.

On November 7, 2000, the voters appear to have approved Measure 7, which, generally speaking, would have added to Article I, section 18, of the Oregon Constitution text requiring governments to compensate private real property owners for the cost of 'restrict[ive]' regulations that reduce the value of their real property. On November 24, 2000, before the Secretary of State had completed canvassing the votes on Measure 7, McCall plaintiffs filed their complaint, alleging that the measure was invalid because it was adopted in violation of various provisions of the Oregon Constitution, including Article XVII, section 1, which sets out a separate-vote requirement for constitutional amendments.

Issue

Did the trial court have jurisdiction to hear the plaintiffs' challenges to Measure 7, and was Measure 7 adopted in violation of the separate-vote requirement of the Oregon Constitution?

The state contended below that the trial court did not have subject matter jurisdiction because plaintiffs filed their challenges to Measure 7 after the election, but before the Secretary of State had completed the process of canvassing the votes and certifying the measure.

Rule

The court applied the Uniform Declaratory Judgments Act (UDJA) to determine jurisdiction and standing, and assessed whether Measure 7 made multiple substantive changes to the Oregon Constitution that were not closely related, thus violating the separate-vote requirement.

The requirements for standing under the UDJA are set out in ORS 28.020: 'Any person * * * whose rights, status or other legal relations are affected by a constitution, statute, [or] municipal charter * * * may have determined any question of construction or validity arising under any such * * * constitution, statute, [or] municipal charter * * * and obtain a declaration of rights, status or other legal relations thereunder.'

Analysis

The court found that the trial court properly assumed jurisdiction under the UDJA, rejecting the state's argument that another statute provided an exclusive remedy. It determined that while some plaintiffs lacked standing, others, including municipal corporations and specific property owners, demonstrated sufficient adverse impact to establish standing. The court concluded that Measure 7 made substantive amendments to the Oregon Constitution that were not closely related, violating the separate-vote requirement.

Conclusion

The Supreme Court affirmed in part and reversed in part the trial court's judgment, declaring Measure 7 invalid due to its violation of the separate-vote requirement and remanding the case for further proceedings regarding attorney fees.

Who won?

The plaintiffs prevailed in the case as the court upheld the trial court's ruling that Measure 7 was invalid due to constitutional violations.

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