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AUTOMOBILE CLUB v. STATE OF OREGON

SC S38565.

840 P.2d 674 (1992)

314 Or. 479

AUTOMOBILE CLUB OF OREGON and A & B Automotive & Towing Service, Inc., Petitioners, v. STATE of Oregon, Respondent.

Supreme Court of Oregon.

Decided October 29, 1992.

Attorney(s) appearing for the Case

Don H. Marmaduke of Tonkon, Torp, Galen, Marmaduke & Booth, Portland, argued the cause for petitioners. With him on the briefs were Kurt W. Ruttum and Scott D. Eads.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Charles F. Hinkle, Portland, filed a brief in behalf of amici curiae Oregon Transit Ass'n and Tri-County Metropolitan Transp. Dist. of Oregon.

John D. Burns, Gregory A. Chaimov, and Miller, Nash, Wiener, Hager & Carlsen, Portland filed a brief in behalf of amicus curiae Oregon Petroleum Marketers Ass'n.

Before CARSON, C.J., and PETERSON, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.

CARSON, Chief Justice.

At issue in this case is the constitutionality of two legislative enactments that fund projects designed to benefit Oregon's environment. Petitioners Automobile Club of Oregon (Oregon AAA) and A & B Automotive and Towing Service, Inc. (A & B), timely petitioned for review of ORS 319.025 (the underground storage tank assessment)1 and ORS 468A.425 et seq. (the emission fee).2

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