Dale v. Myers

Filed: May 14, 1999

IN THE SUPREME COURT OF THE STATE OF OREGON

ALICE DALE, JAMES SAGER,

and JOHN CHASE,

Petitioners,

v.

HARDY MYERS, Attorney General,

State of Oregon,

Respondent,

and

BILL SIZEMORE,

Intervenor.

(SC S46044)

En Banc

On petition to review ballot title.

Argued and submitted March 16, 1999.

Steven Novick, Portland, argued the cause and filed the supplemental memorandum for petitioners. B. Carlton Grew, of the Oregon Public Employees Union, Salem, and Paul B. Gamson, of Smith, Gamson, Diamond & Olney, Portland, filed the petition.

John T. Bagg, Assistant Attorney General, Salem, argued the cause for respondent. With him on the answering and supplemental memoranda were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Gregory W. Byrne, of Byrne & Associates, P.C., Portland, argued the cause and filed the supplemental memorandum for intervenor.

RIGGS, J.

Ballot title certified as modified. This decision shall become effective in accordance with ORAP 11.30(10).

Leeson, J., concurred in part, dissented in part, and filed an opinion in which Carson, C.J., and Gillette, J., joined.