United States Ninth Circuit

In an appeal from an order of dismissal by the district court, order is affirmed where Oregon's modification of the remedies available under Measure 37 is not a constitutional taking because: 1) any potential property interest that plaintiffs had for compensation or a specific type of land use under Measure 37 had not vested; and 2) Measure 49 does not contravene substantive due process, as it does not implicate fundamental rights or fail rational basis scrutiny.

Appellate Information

• Decided 01/12/2012
• Published 01/12/2012

Judges

Court

• United States Ninth Circuit

Counsel