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Finally, a Measure 37 claim is not valid to the extent that one or more of the regulations <br />falls within one of the five exemptions under the Measure. As noted above, LPI does not specify <br />what parts of Chapter 9 or other Eugene Code provisions LPI believes really qualify under <br />Measure 37. Many provisions of Chapter 9 and other parts of the Eugene Code serve to protect <br />the public health and safety, or prevent nuisances. Such provisions fall within Measure 37’s <br />exemptions, and are particularly relevant to LPI’s claim given the past uses of the property and <br />current issues associated with methane off-gassing, soil/fill instability and subsidence. To the <br />extent that regulations serve to protect public health and safety and/or prevent nuisances, then the <br />regulations are exempt under Measure 37, even if they otherwise constitute “land use <br />regulations” that “restrict the use” and “reduce the fair market value” of property. <br /> <br />CONCLUSION: ORDER DENYING CLAIM <br /> <br /> Based on the findings of fact and conclusions of law above, the City has determined that <br />LPI’s claim is invalid and is therefore DENIED. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />00147853.DOC;1 <br />Page 9 of 9 <br />