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This page contains a single entry from the blog posted on September 15, 2007 1:56 PM. The previous post in this blog was Nutritious school lunch: Graham crackers and milk (or nothing). The next post in this blog is Blowing smoke. Many more can be found on the main index page or by looking through the archives.



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Saturday, September 15, 2007

With friends like these...

To whoever's running the Yes on 49 campaign (if anyone):

The name-calling contained in this post -- aimed at someone who's actually trying to help you -- is very unseemly. I've got a thick enough skin not to withdraw my endorsement of your ballot measure, but you should be aware that you have some people running around, out of control, who are doing things in your name that are hurting your cause.

Jack Bogdanski

Comments (22)

Wherein a cranky little crybaby mistakenly assumes that is associated with the Yes on 49 campaign.

You gotta live these people...and here I thought it was only the conservatives that ran shady campaigns. There may be flaws with M37, but this new measure just overturns everything the voters wanted.

Im voting NO.

Bray appears well named, as he seems to be an ass.

However, be that as it may, BM 49 is a "fix" in search of a problem. The whole idea that Oregonians are too stupid to recognize the "flaws" in BM 37 is elitist hog manure. We voted overwhelmingly in favor of BM 37 because we recognized that the "planners" are completely out of control.

Peter Bray is out of control. He praised Judge James' ruling as well thought out and brilliant before it was over truned by our oregon supreme court.

He pretends to be an expert on M37 but misrepresents everything about it.
Bray is politics at it's worst.

As I say, I'm voting for Measure 49, despite the people who are running around jeopardizing its passage with ugly illegal signage and very bad attitudes.

I have just pushed the 'opt out to all our email lists instantly' button on the Yes on 49 campaign.
I no longer wish to be directly associated with this group.
This behavior is outrageous. Their so called leadership better wise up, and soon!

Peter Bray is a blogger, he is not running or working for the pro-49 campaign. I agree, the guy is a reactionary ass, but don't mistake his rhetoric for official communications from the Measure 49 campaign. For what its worth, I am not associated with campaign either but I plan to enthusiastically vote yes.

If the payment component of M37 and M49 both violate the "public use" component of the Fifth Amendment does that not also strip any and all justification for some odd contractual agreement, on a case-by-case basis, for any and all waivers from applicability of the general laws?

See 106_Or_001_smith_v_cameron_1922.pdf

Creating a private right of action to invoke the exercise of the inherent sovereign power of eminent domain -- essential to then reach a demand for just compensation -- is hardly a reason to celebrate. Unless the goal is chaos and enhancement of arbitrary power in the hands of government. M49 is less bad as measured by the size of the potential pool of claims for compensation, but remains invalid for precisely the same reason as M37.

-- The Anti-Heckler.

I spent close to 4 years on land use planning and I still endorse M 37 and no to M49. For the retro reactionaries this is why the Oregon Supreme court allowed M37. If a person owners a piece of land and later it is zoned other than what it had been zoned than the owner is Entitled to use as it was or be compensated the lost value. How just to disallow the owner to his desire? So why a timber co., who owns the property be singled out not to be able to use the property as they wish? I am voting No on M 49, it is poor feel-good legilation.

Measure 37 was brilliant! We need more ballot measures like measure 37. It is unjust and wrong if someone buys land as an investment and then because times and laws change they cannot reap every last cent from that investment. That is why I propose that we extend the concept of Measure 37 to other investments.

Why should only one class of investors take the spoils! It does not make sense, and it is Un-American (TM). That is why I propose that we have a ballot measure allowing people holding stock in Oregon companies to receive compensation from any governmental organization that passes a law or rule restricting the business practices of an Oregon company. Have stock in Intel, mad that your investment suffers because they cannot use child labor, dump chemicals straight in the Columbia, or pay workers the federal minimum wage, then you will love the new ballot measure to protect Oregon's investors.

People are suffering because of Oregon's crazy law makers. Take the story of Larry and Ethel. Larry and Ethel have been working in Oregon for 40 years, and they have been investing in Oregon businesses with the intent of retiring one day to build their dream house. Unfortunately, they cannot build their dream house because their investments have not been allowed to flourish in the bountiful cluster f*** that is a lease fare economic system. Think of the poor people like Larry and Ethel who suffer because some crazy government officials want to make rules. If Oregon legislators stopped nagging and hounding Oregon businesses, Larry and Ethel could be living in their dream house.

WAIT WAIT WAIT! That is all just crazy talk.

Measure 37 was poorly written and poorly thought out but brilliantly marketed. The plight of retired people who wanted to build one house on a plot of land that was not zoned for them to build was used to sell a plan that destroys communities, destroys the rule of law, and destroys the ability of society to make decisions that make life better for everyone.

Measure 49 simply rolls Measure 37 back in to what was marketed to the people of Oregon. In these modern times, people do not vote for ballot measures; they just vote for the marketing. Therefore, Measure 49 is the full expression of the voters intention when they voted for Measure 37 those years ago.

As for people hurting their cause by going too far: This is, unfortunately, what politics on every level has come to. You place your toes on the line of what is ethical or what you can get away with and then lean into the wind. Sometimes the wind lets up, and you fall flat on your face. We have seen a number of Republicans fall down like this over the last few years. It is just a matter of time until the breeze lets up for the Democrats who do the same thing. The problem goes from top to bottom. The theory everyone seems to work under is the other guy will never stop until they reach the bottom, so we should beat them there. Whenever there is an honest moral people in politics, they eventually hire a professional political advisor for their campaign, and I have never met an honest moral political advisor.

I don't know WTF the owner of that blog is doing attacking a site that supports 49? It is stupid BS.

Just one of the cool kids. Even when you agree with him about big things, you're a bad guy if you question his attitude.

Wow, I see that Mr. Bray's erection is lasting more than four hours (a condition known as priapism). I hope he calls his doctor immediately.

I'm voting no on 49. I don't have a "dog in the fight" except I don't like the current drive of Metro and others to densify Portland city. Letting more exurbia to be developed may help lessen density in Portland city. For me, density means overcrowded roads, transit systems and even the development of public housing projects. Remember the bombed out public housing projects of the 1970s. I think they're making a return here in the good ole PDX. Conclusion: Measure 49 is just a way for the rich, well connected enviromental leaders and government officials (like Neil Goldschmidt and his wine vineyard) to keep exurbia to themselves.

It is unjust and wrong if someone buys land as an investment and then because times and laws change they cannot reap every last cent from that investment.


Using the same line of reasoning, I want to have all laws passed after my birth to not apply to me. I should be able to do whatever I want, whenever I want, to whomever I want -- if it was allowed when I breathed my first breath. Nevermind that times have changed, new facts have been revealed, new problems have emerged, etc. And as far as "rights" are concerned -- the only ones that should matter are mine, and screw everybody else who I may harm with my actions.

Measure 49 is just a way for the rich, well connected enviromental leaders and government officials (like Neil Goldschmidt and his wine vineyard) to keep exurbia to themselves.

Neil sold his vineyard, I hear.

I disagree with you. Portland proper has been irremediably spoiled. Now the question is whether we wreck the countryside, too.

I should be able to do whatever I want, whenever I want, to whomever I want -- if it was allowed when I breathed my first breath. Never mind that times have changed, new facts have been revealed, new problems have emerged, etc. And as far as "rights" are concerned -- the only ones that should matter are mine, and screw everybody else who I may harm with my actions.

Ladies and gentlemen, meet our new United States attorney general!

Portland proper has been irremediably spoiled. Now the question is whether we wreck the countryside, too.

Jack I didn't think I would find anything about this issue that I would agree with you on.

Make the UGB real and protect the rest of this great state.

Portland proper has been irremediably spoiled. Now the question is whether we wreck the countryside, too.

Doesn't this beg the question: "spoiled by whom?"

It was spoiled in large part by many of the same urban planning elites that are leading the pro-49 charge.

I don't have a M49 claim, but I appreciate have additional (affordable) lifestyle choices.

Measure 49 reduces my choices.

And it is being proffered those who would seek to confine all of us to those
"irremediably spoiled" urban areas.

I'm voting NO on 49!

Oops. Meant to say I don't have a M37 claim.

But I won't have a M49 claim either (should it pass).

It's simple Jack, the Yes on 49 crowd has the same contempt for the public right of way that they have for private property rights.

The "crank" comment was a cheap shot.

"It was spoiled in large part by many of the same urban planning elites that are leading the pro-49 charge. "

I tend to agree, Pancho.

And the conversation-stopping name-calling is one of the reasons I trust the 1000 Friends crowd least of the land use players in the region. This is the kind of game vested interests play while claiming the moral high ground, so I can't help but wonder whether some members are profitting from condomania. They simply denounce anyone who asks questions or tries to start a conversation about their positions.

I find it interesting that the "Big Look" task force recently found that Oregonians support both land use planning and property rights, and that a system that doesn't address both is likely to fail. The "Friends" have a reputation for not playing straight procedurally, which has earned them the monikers "The Fiends" and "The Foes". I think it is difficult for many people to conceive of the evil that goes on in the land use arena (land being a primary source of wealth, it tends to bring out the greed in people),and although this is the case, I think it is incumbent upon lawyers and journalists who are aware there are problems to do their best to bring them to the surface. When we have people at the top calling documented problems "frivolous", it takes patience and persistence, not to mention prayer.


As a lawyer/blogger, I get
to be a member of:

In Vino Veritas

Lange, Pinot Gris 2015
Kiona, Lemberger 2014
Willamette Valley, Pinot Gris 2015
Aix, Rosé de Provence 2016
Marchigüe, Cabernet 2013
Inazío Irruzola, Getariako Txakolina Rosé 2015
Maso Canali, Pinot Grigio 2015
Campo Viejo, Rioja Reserva 2011
Kirkland, Côtes de Provence Rosé 2016
Cantele, Salice Salentino Reserva 2013
Whispering Angel, Côtes de Provence Rosé 2013
Avissi, Prosecco
Cleto Charli, Lambrusco di Sorbara Secco, Vecchia Modena
Pique Poul, Rosé 2016
Edmunds St. John, Bone-Jolly Rosé 2016
Stoller, Pinot Noir Rosé 2016
Chehalem, Inox Chardonnay 2015
The Four Graces, Pinot Gris 2015
Gascón, Colosal Red 2013
Cardwell Hill, Pinot Gris 2015
L'Ecole No. 41, Merlot 2013
Della Terra, Anonymus
Willamette Valley, Dijon Clone Chardonnay 2013
Wraith, Cabernet, Eidolon Estate 2012
Januik, Red 2015
Tomassi, Valpolicella, Rafaél, 2014
Sharecropper's Pinot Noir 2013
Helix, Pomatia Red Blend 2013
La Espera, Cabernet 2011
Campo Viejo, Rioja Reserva 2011
Villa Antinori, Toscana 2013
Locations, Spanish Red Wine
Locations, Argentinian Red Wine
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Shatter, Grenache, Maury 2012
Argyle, Vintage Brut 2011
Abacela, Vintner's Blend #16 Abacela, Fiesta Tempranillo 2014
Benton Hill, Pinot Gris 2015
Primarius, Pinot Gris 2015
Januik, Merlot 2013
Napa Cellars, Cabernet 2013
J. Bookwalter, Protagonist 2012
LAN, Rioja Edicion Limitada 2011
Beaulieu, Cabernet, Rutherford 2009
Denada Cellars, Cabernet, Maipo Valley 2014
Marchigüe, Cabernet, Colchagua Valley 2013
Oberon, Cabernet 2014
Hedges, Red Mountain 2012
Balboa, Rose of Grenache 2015
Ontañón, Rioja Reserva 2015
Three Horse Ranch, Pinot Gris 2014
Archery Summit, Vireton Pinot Gris 2014
Nelms Road, Merlot 2013
Chateau Ste. Michelle, Pinot Gris 2014
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Conn Creek, Cabernet, Napa 2013
Villa Maria, Sauvignon Blanc 2015
G3, Cabernet 2013
Chateau Smith, Cabernet, Washington State 2014
Abacela, Vintner's Blend #16
Willamette Valley, Rose of Pinot Noir, Whole Clusters 2015
Albero, Bobal Rose 2015
Ca' del Baio Barbaresco Valgrande 2012
Goodfellow, Reserve Pinot Gris, Clover 2014
Lugana, San Benedetto 2014
Wente, Cabernet, Charles Wetmore 2011
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King Estate, Pinot Gris 2015
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Beaulieu, Cabernet, Napa Valley 2013
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Abbot's Table, Columbia Valley 2014
Intrinsic, Cabernet 2014
Oyster Bay, Pinot Noir 2010
Occhipinti, SP68 Bianco 2014
Layer Cake, Shiraz 2013
Desert Wind, Ruah 2011
WillaKenzie, Pinot Gris 2014
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Des Amis, Rose 2014
Dunham, Trautina 2012
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Del Ri, Claret 2012
Stoppa, Emilia, Red 2004
Primarius, Pinot Noir 2013
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Benziger, Cabernet, Sonoma 2012
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Conundrum, White 2013
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The Occasional Book

Marc Maron - Waiting for the Punch
Phil Stanford - Rose City Vice
Kenneth R. Feinberg - What is Life Worth?
Kent Haruf - Our Souls at Night
Peter Carey - True History of the Kelly Gang
Suzanne Collins - The Hunger Games
Amy Stewart - Girl Waits With Gun
Philip Roth - The Plot Against America
Norm Macdonald - Based on a True Story
Christopher Buckley - Boomsday
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Bill Bryson - A Short History of Nearly Everything
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Beverly Cleary - A Girl from Yamhill, a Memoir
Kent Haruf - Plainsong
Hope Larson - A Wrinkle in Time, the Graphic Novel
Rudyard Kipling - Kim
Peter Ames Carlin - Bruce
Fran Cannon Slayton - When the Whistle Blows
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 5
At this date last year: 3
Total run in 2017: 113
In 2016: 155
In 2015: 271
In 2014: 401
In 2013: 257
In 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
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