United States Ninth Circuit

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Bowers v. Whitman, 10-35966

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



  • United States Ninth Circuit


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