Three separate property owners have filed a $7.5 million suit against Jackson County contending their approved Measure 37 claims don't live up to the promise of the land-use law.
Raymond and Pearl Zerr, Terry and Sherry Larson and Ron and Sandra Briery served Jackson County officials with the lawsuit Wednesday.
Filed by Ashland attorney Mark Haneberg, the suit alleges the county hasn't removed restrictive zoning that has been placed on the plaintiffs' properties and hasn't given them the ability to transfer the property to a new owner.
"All the county does is give them a 50-page document that tells them things they can't do," said Haneberg.
Jackson County commissioners have been waiving zoning restrictions when they approve claims, but the county documents suggest property owners file a separate claim with the state, warns the claim might not be transferable and cites a number of health and safety regulations that might apply to the property.
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The Zerrs have claims on two parcels, 74 acres in the Applegate and 21 acres outside of Medford. The Larsons' claim is on a 162-acre property in the Applegate. The Brierys have an 83-acre property in Eagle Point.
Under Measure 37, approved by 61 percent of voters in November 2004, government agencies must remove offending land-use regulations after six months of receiving a claim or pay the property owner compensation for lost value.
The suit alleges that after the six-month period, the same zoning restrictions continue to apply and the property owners can't use their land as allowed under Measure 37.
County officials haven't reviewed the lawsuit yet, but are familiar with many of the issues it raises.
The county last year sought declaratory relief with the Jackson County Circuit Court to resolve the transferability issue. The case is expected to be heard in late November.
Doug McGeary, county counsel, said the county has been operating on the best possible information it can get about the law.
But he said many of the issues surrounding Measure 37 haven't been resolved, although they are wending their way through the court system throughout the state.
"I understand Mark's frustration that he's got clients that want to get things moving," he said. "So do we. We want to get things moving."
Eagle Point resident Ron Briery wants his Bigham-Brown Road property rezoned from exclusive farm use to its original designation of five-acre parcels. The property is located just outside of city limits.
Briery, 60, has owned the property for 30 years and hopes to be able to subdivide it for his children.
He said the commissioners have tried to be as fair as possible in their interpretation of Measure 37, but he said the law has too many unanswered questions.
"It seems like what Measure 37 is supposed to do is so unclear," he said. "I felt like the only way to get clarity on it was through the courts."
He said one big problem for many property owners is financing, which banks are reluctant to give because of issues such as the uncertainty of transferability.
The suit contends the zoning restrictions that continue to apply restrict or eliminate a property owner's ability to get financing, insurance and bonding. The collateral used to secure a development loan doesn't exist, the suit alleges.
Commissioner Dave Gilmour said he didn't have details about the suit, but added that many of the criticisms cited in it also have bothered the county.
"I don't really understand why he's suing us," said Gilmour.
He said the issue of transferability is being worked out through the courts.
However, after reading the state Attorney General's opinion that claims aren't transferable, Gilmour said he's less optimistic than his fellow commissioners regarding this issue.
Gilmour suggested that an individual who receives approval for a Measure 37 claim should develop the property before selling it to a third party.
Commissioner Jack Walker said he also didn't have enough information to comment on the suit.
"One of these days we will have information out of the courts that will provide us with the necessary direction," he said.
Reach reporter Damian Mann at 776-4476 or dmann@mailtribune.com.
