Oregonians In Action
Legal Center
P.O. Box 230637 Tigard OR 97281 (503) 620-0258
Legal Center

SUPREME COURT REJECTS PRISON ARGUMENTS

The OIA Legal Center suffered a defeat recently at the hands of the Oregon Supreme Court, who rejected Legal Center arguments in the Day Road prison siting case.

The Legal Center represented Melanie Pennington, a landowner living next to the site of the proposed women’s prison.  Dave Hunnicutt represented the Legal Center.

“Our arguments were simple,” said Hunnicutt.  “Essentially, what we were arguing is that the State of Oregon, and Governor Kitzhaber in particular, should have to follow the same land use laws that every private citizen, including my client, are required to follow.  Apparently, there is a different standard when the government is involved.”

“It’s funny that Governor Kitzhaber, who claims to be a staunch defender of our land use system, would choose to ignore that system when it didn’t suit his purpose,” continued Hunnicutt.  “It really confirms to me that there are two sets of land use rules - those that apply to the private citizen, and those that apply to the Governor and his agencies.”

Unfortunately, the Supreme Court rejected the Legal Center’s arguments.  “The Court decided that the 1999 Legislature and the Governor had created a different standard for the siting of prisons which allowed prisons to be sited anywhere, whether they complied with land use laws or not,” continued Hunnicutt.

 “I respect the Court’s decision, but wonder why they could not provide any justification for it.  It seems to me that if the Court believed that the legislature and governor wanted prisons to be built anywhere, they could have provided reasons to support their decision.”

“What is ironic about this case is that everyone admitted that the Day Road prison violated land use laws, and yet no one could ever explain why the state didn’t have to comply with those laws,” said Hunnicutt.  “My client is still waiting for an answer.  Everyone tells her that she’s wrong, but no one can tell her why.  I guess it will remain a mystery forever.”