An Oregon State Supreme Court decision Thursday will not change the way Linn County has been addressing waivers granted under Measure 37.

Measure 37 allowed property owners to get waivers from land-use rules if the rules took effect after they acquired the property. Voters passed it in 2004.

It is the interpretation of Linn County officials and the court that Measure 49 eliminated Measure 37, effectively wiping the slate clean for claimants to reapply under Measure 49, with one exception: Those who meet the guideline to establish they have a "vested right" to continue the use granted them under Measure 37.

In February, the Department of Land Conservation and Development asked the Oregon Supreme Court to review the Court of Appeals decision in the 2007 Measure 37 case of Corey v. DLCD.

The case concerned a 23-acre parcel in rural Clackamas County.

According the the court review, the decision was that DLCD "chose to waive enforcement of certain of the land use regulations to which plaintiffs objected, rather than to compensate plaintiffs for the effects of those regulations on the value of their property."

DLCD wanted the court to render the case moot and dismiss the petition in light of the passage of Measure 49 in November. Concerned the case would be looked upon as precedent, it also asked that the decision be vacated.

The court agreed with the DLCD that the Measure 37 case is now moot but denied the department's request to vacate the decision, saying DLCD is not required to use the lower court decision as a guideline.

"I don't think it means a lot for us," said Robert Wheeldon, Linn County planning and building director.

"Measure 49 pertains to all Measure 37 claims, successful or not, regardless of where they are in the process."

Wheeldon said the county has about 440 Measure 37 claims on file.

About 40 of those are now undergoing county vested-rights determinations.

All the claimants are eligible to go to the state to hear their case under Measure 49.

However, some claimants chose to first go through the county process to see if they are vested under the county rules, which correspond with state guidelines.

The Oregon Supreme Court decision reads in part:

"An examination of the text and context of Measure 49 conveys a clear intent to extinguish and replace the benefits and procedures that Measure 37 granted to landowners … That definition establishes that Measure 49 pertains to all Measure 37 claims, successful or not, and regardless of where they are in the Measure 37 process."