Item 3: Measure 37 Claim (Wiper)

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use regulations applicable to the property, so Measure 37’s exemption for regulations adopted before the owner acquired the property did not apply to this claim. However, to the extent Claimant sought a waiver of land use regulations that fell under any of the other Measure 37 exemptions, the claim lacked merit. V. MEASURE 49 As noted in the Background section above, the Lane County Circuit Court ordered the City Council to act on this claim based on Measure 37 as it existed on May 30, 2007. In other words, the court ordered the Council to ignore the revisions made to Measure 37 when the voters approved Measure 49 in November 2007. For that reason, the analysis, findings and conclusions contained in this report and recommendation are based on Measure 37 as it existed before the changes effected by Measure 49. Measure 49, however, did take effect on December 6, 2007. Section 10 of that Measure requires the City to follow a particular process for Measure 37 claims that had not been decided by June 28, 2007. The City intends to follow that process with respect to the application of Measure 49 to this claim; consistent with the court’s December 26, 2007 order, no part of this recommendation is intended to rely on or apply Measure 49. Instead, this recommendation is based entirely on Measure 37 as it existed on May 30, 2007. VI. CONCLUSION AND RECOMMENDATION Based on the analysis and discussion in sections I – IV above, the City Manager recommends denial of the claim. This claim has been scheduled for a public hearing on January 28, 2008. Page 7 of 7