A lawsuit challenging the constitutionality of the measure wasfiled yesterday in Marion County Circuit Court by the League ofOregon Cities and others. Today, Circuit Judge Paul Lipscomb isscheduled to rule on a request for a preliminary injunction soughtin a seperate lawsuit filed by the mayors of Salem andJacksonville, and Audrey McCall, widow of former Gov. Tom McCall,who is credited with designing Oregon's vaunted system of land-useand environmental rules.

For a preliminary injunction, lawyers must convince the judgethat Measure 7 would cause "irreparable damage" if allowed to takeeffect, and that their lawsuit has a "substantial likelihood ofsuccess" at trial. Without an injunction, the measure goes intoeffect tomorrow, at which time the Oregon attorney general'soffice--which has had some 15 lawyers working on the issue sinceits passage--will release an opinion on the legal scope and meaningof Measure 7. The report is meant to help guide cities andcounties, many of which have already begin approving procedures fordealing with Measure 7 claims, and the fees they will charge toprocess the claims. The fees have ranged from a high of $3,500 inFairview, a few miles east of Portland, to a low of $200 inPendleton, a few hundred miles east of Portland.

The possibility of a "legislative fix" to Measure 7--which woulddefine its scope and set statewide standards forimplementation--was reportedly mentioned during a meeting last weekof the Legislature's Joint Interim Budget Committee. If the courtchallenges are unsuccessful, the legislature is expected to take upthe matter when it meets in January.

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