MEASURE 37 WAIVER HOLDERS HAVE BEEN GIVEN NEW LIFE BY THE UNITED STATES DISTRICT COURT JUDGE OWEN M. PANNER!!! The Federal Judge made several Rulings on November 12, 2008 that favor Measure 37 Waiver Holders.

Federal Civil Court Case No. 08-3015-PA in Jackson County, Oregon, Judge Panner Ruled:


CONCLUSIONS OF LAW:

I. Measure 37 Waivers Are Constitutionally Protected Contracts between Parties:

Furthermore an excerpt from the United States Constitution was quoted in the Ruling "No State shall...pass any...Law impairing the Obligation of Contracts" U. S. Constitution, Article I, 10, cl. 1.

II. Measure 37 Waivers Are Quasi-Judicial:

Judge Panner stated in the Ruling "Alternatively, I conclude that Measure 37 waivers are final quasi-judicial orders, and that Measure 49 cannot rescind the waivers without violating separation of powers." and "Measure 49, a legislative act, cannot overrule Jackson County's quasi-judicial decision to grant a Measure 37 waiver. Our system of separation of powers does not allow legislation to set aside a judicial decision."

RULING CONCLUSION:

The Ruling's Conclusion simply states "Plaintiffs' Measure 37 waivers are valid and enforceable."



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Excerpt from Judge Tanner's November 12, 2008 Federal Court Ruling: "I conclude...Measure 37 waivers are valid and must be honored..."