Oregon Supreme Court deliberates on Dorothy English land use case

The court spent nearly 90 minutes Wednesday listening to oral arguments about the state's longest-running land-use flap. The case began six years ago when Multnomah County would not allow English to divide and develop her property, blossomed into the dueling ballot Measures 37 and 49, and deeply divided the state over the sweeping question of property rights. By the time it reached the Supreme Court, however, English had been dead for more than 18 months and the case hinged on narrower legal questions. When it rules on the case in the weeks to come, some observers say the court is likely to craft a decision that applies singularly to English and does not necessarily set broader precedent. At issue is whether Multnomah County has to pay $1.15 million compensation to English's estate that a court ordered in 2006 and which was upheld on appeal last year. The county maintains -- because of the passage of Measure 49 -- it has the option of waiving property development restrictions instead of paying the judgment. English's attorney says a final judgment is exactly that, and must be paid. Based on the questions they asked and comments they offered during Wednesday's oral argument, it was a tossup which way the justices are leaning...read more