politics

Court Ruling Likely The Final Word On Damascus' Future

By Rob Manning (OPB)
Portland, Oregon July 1, 2016 1 a.m.
Damascus, Oregon — established in 1851, incorporated in 2004, dissolved in 2016.

Damascus, Oregon — established in 1851, incorporated in 2004, dissolved in 2016.

Pamplin Media

The city of Damascus, Oregon, will dissolve after a judge tossed out a challenge from one of the city councilors Thursday.

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Damascus voters approved a measure in May to disincorporate the city. It was their second try at the ballot box. The first time, voters fell short of the standard to dissolve a city: getting a majority of all registered voters.

Last year, Oregon lawmakers lowered the bar for Damascus to a simple majority.

Damascus City Councilor Jim DeYoung tried to overturn the latest result, arguing the state Legislature had overstepped its authority. But disincorporation leader Chris Hawes said he went to lawmakers after losing a court fight over the original standard for dissolving a city.

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Related: Oregon Voters To Choose Future Road For Damascus

“The Court of Appeals ruled that the voting standard was set by the Legislature, and the Legislature had the authority to set the voting standard they thought appropriate," Hawes said. "That was why we went to Reps. Bill Kennemer and Shemia Fagan and asked them to help us.”

In comments to the Gresham Outlook newspaper, DeYoung said he hasn't ruled out an appeal and has petitioned the League of Oregon Cities for assistance. A spokesman for the league said the group has received DeYoung's request, but the committee that reviews such requests will need some time to review it and respond.

Officials in Damascus are already operating as if the city will be officially disincorporated by July 17 — 60 days after the May election. Jurisdiction over Damascus will return to Clackamas County, which had control of the area before Damascus incorporated more than a decade ago.

Damascus incorporated in 2004 with the goal of charting its own path for development, following the decision by the Metro regional government to include Damascus in the region's urban growth boundary.

But Damascus officials failed repeatedly to agree on a long-term growth plan; city councilors clashed with each other and city staff; and Damascus voters enacted spending and other limits, making governance more difficult.

Read more about reaction to the ruling from the Gresham Outlook and more background on how Damascus reached the disincorporation vote from OPB.

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