"The district is historic to preserve the park," said longtime resident Irene Longaker. "I'm not anti-commercial but I'm worried about encroachment."

The neighborhood was established as a historic district in October 1986. In order to be considered an historic "district" a majority of homeowners in the area must agree to the new regulations.The historic district runs around the perimeter of Bush's Pasture Park and the properties in question are near the corner of Liberty and Mission Streets. They lie within the designated historic district and owner Kent Zerr, a local dentist wants to demolish the historic homes on his property to build a new dental office. He purchased four of the properties in 1996 and the remaining properties were acquired in 1998.
"We tried to contact the owner but he didn't respond. He didn't seem to want anything to do with us," Longaker said.

Neither Zerr nor his attorney responded to requests for comment from Salem Monthly.
Zerr faces several obstacles to redevelop the properties, including the enforcement of historic preservation rules and local zoning. The properties in question are zoned as residential and Zerr wants them re-zoned as commercial to allow for his new dental office.

In his Measure 37 claim, Zerr stipulates that he is seeking "compensation for diminished value of his properties caused by the imposition of amendments to the Historic Overlay Zone passed in 2003."

The original overlay zone allowed property owners to obtain demolition permits by meeting simple criteria but the amendments passed in 2003 make this a more complicated process. The new regulations will make it more costly for Zerr to develop the properties.

Zerr is seeking $120,694 in compensation or waiver of the historic preservation rules.

"Increasing the cost to renovate is not the same thing as reduced market value under Measure 37," said Claudia Howells, who chairs the SCAN Neighborhood Association.

Residents in the district say that Zerr has long neglected his properties and has been the subject of formal neighborhood complaints.

Several of the houses have been vacant for years and according to neighbors he refused to cut the grass and weeds, remove trash or provide minimal maintenance of the properties.

Residents have begun holding meetings, the SCAN neighborhood Association has sent a letter protesting the claim, and several residents have taken advantage of an offer from the City of Salem to submit comments and feedback regarding the claim.

"He never invested any money in the property and now he wants compensation," Longaker said. "Why should the taxpayers foot the bill?"
Neighbor Kathleen Moynihan agrees.

"He bought those properties knowing they are single family and historic homes. Why do my tax dollars have to line his pockets?"

Measure 37 Online Resources

Oregon Legislature
Here you can find out who your legislator is, contact your legislator electronically and find contact information, search for texts of bills, be automatically notified by email of the agendas for the committees you select and find the link to watch hearings live on your computer.

Governor Ted Kulongoski
For press releases and other information.

Measure 37 Litigation
The Oregon Department of Justice maintains a list of of all litigation in which the state is a party.

Sightline Report
Sightline prepared a written report released in conjunction with a video by 1,000 Friends, "And Fairness for None."

Counting Measure 37 Claims
Portland State University database is the only statewide database of Measure 37 claims.

Maps of Measure 37 Claims
The Oregon Department of Agriculture has maps of claims with soils, water, and zoning.

1,000 Friends of Oregon