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| 6/8/2005 2:14:00 PM | Email this article • Print this article
Comment on this article | First M-37 hearing ends with agreement
By Elane Dickenson
News Editor
The first Measure 37 claim hearing held by the Wallowa County Board of Commissioners last week ended in a compromise and an extension.
Dan and Lisa Courtney of Enterprise agreed to pursue a boundary adjustment and deed change to accomplish their goal, which is to build a house on property off Hurricane Creek Road he inherited jointly with familty in 2000. They will request a 180-day extension on their claim.
Although Dan Courtney’s grandparents had purchased the property in 1959, under state-wide interpretation of Measure 37 waiver of land use laws would only extend back to the time of the inheritance, when he and the others became owners.
A court order had divided the use of the property — but not the ownership — in half in 2000. “As it is now, the land is no use to anyone,” Dan Courtney said.
The Courtneys had filed a Measure 37 claim on a 33-acre piece of exclusive farm use-zoned property originally purchased by his grandparents, Carl and Louise Freels, in 1950, which was adjacent to a one-acre piece left for use in her lifetime to his mother, Sue Sasser. A house on the one-acre piece burned a couple of years ago.
Commissioners Mike Hayward and Dan DeBoie conducted the hearing, with county planning director Bill Oliver also in attendance.
Oliver said the idea of extending the lot line of the one-acre piece to encompass Courtney’s half of the property could allow the ownership as well as the use to be divided. Courtney would then be able to build a house to replace the one that had been burned.
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