By Dave Hunnicutt
Executive Director, Oregonians In Action
On November 12, 2002, the Oregonians In Action Legal Center filed a Petition For Writ of Certiorari in the United States Supreme Court.
The petition, filed on behalf of Rogers Machinery Company, asks the nation’s highest court to review a decision of the Oregon Court of Appeals, which affirmed the City of Tigard’s decision to impose a $37,018 “traffic impact fee” on Rogers in exchange for a building permit.
As discussed in past editions of Looking Forward, the Legal Center and Rogers believe that Tigard’s decision to impose the traffic fee violates the Takings Clause of the Fifth Amendment to the United States Constitution, as interpreted by the Supreme Court in the Legal Center’s earlier Supreme Court case, Dolan v. City of Tigard.
“Although we would have preferred for Tigard to use common sense and not extort $37,018 from our client in the first place, we are thrilled to be back at the Supreme Court asking them to take this case,” said Bill Moshofsky, President of the Legal Center. “Although getting the Supreme Court to take your case is extremely difficult, we are hopeful that they’ll accept this one for review.”
The Legal Center was also very pleased that many other fine associations and public interest law firms agreed to file briefs in support of Rogers. “The response from organizations around the country has been tremendous,” continued Moshofsky. “Briefs in support of our case are being filed by lawyers from public interest law firms around the United States, including California, Texas, Massachusetts, New York, and Washington D.C.”
“It’s great to know that other groups feel as strongly about this case as we do, and are interested in seeing fairness prevail.”
Briefs by the City of Tigard and Washington County are due on December 16, 2002. A decision from the Court is expected in February.