A Lincoln County judge has issued a preliminary injunction that will prevent enforcement of the “direct action” provision of the aerial spraying ballot measure 21-177. The decision from Circuit Court Judge Sheryl Bachart means that citizens will be prevented from attempting to enforce the aerial spray ban through “direct action” until she determines the validity of that portion of the ordinance. County Counsel Wayne Belmont had previously recommended to the Commissioners that the County not enforce the Ordinance until it has had a full and fair review by the courts.
On Monday, June 5, the clerk’s office certified the results of the May primary vote which adopted the citizen initiative by a 61-vote margin. The next day, an action was filed in Lincoln County Court asking that the election results be overturned or in the alternative that the Ordinance be declared invalid. The suit raises a variety of challenges to the legality of the measure.
Ordinance 21-177 document center: http://www.co.lincoln.or.us/boc/page/measure-21-177
Stipulated Preliminary Injunction – 6.14.17: http://www.co.lincoln.or.us/sites/default/files/fileattachments/board_of_commissioners/page/4891/signed_stipulated_preliminary_injunction_6.14.17.pdf