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The Augean Stables: Measure 49 and the Herculean Task of Correcting an Improvident Initiative Measure in Oregon

Ed Sullivan and Jennifer Bragar are pleased to announce that a comprehensive law review article entitled, “The Augean Stables:  Measure 49 and the Herculean Task of Correcting an Improvident Initiative Measure in Oregon” has now been published by the Willamette Law Review, Vol. 46, Number 3, p. 577, Spring 2010.

The article summarizes the Oregon land-use program and chronicles the passage, and significant modification, of a radical initiative measure adopted outside the typical legislative process, examining the relationship of money and politics with regard to this voter-enacted legislation, and highlights the complex legal issues involved in correcting ill-advised and destructive legislation.  The article weaves the reader through the history behind the “pay or waive” ballot initiatives, including Measures 7 and 37, leading up to the passage and subsequent interpretation of Measure 49, presented to, and passed by Oregon voters in 2009 to modify the radical and uncertain relief provided by Measure 37.

We hope that the article provides a helpful overview of Measure 49 and leads to further contemplation of how the new law will be interpreted now that Measure 49 litigation is underway. 

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