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SCHOOL DIST. 1, MULT. CO. v. BINGHAM

204 Or. 601 (1955)

283 P.2d 670

284 P.2d 779

SCHOOL DISTRICT NO. 1, MULTNOMAH COUNTY ET AL. v. BINGHAM ET AL.

Supreme Court of Oregon.

Affirmed May 11, 1955.

Former opinion modified June 8, 1955.

Attorney(s) appearing for the Case

Robert Y. Thornton, Attorney General, Salem, and E.G. Foxley, Deputy Attorney General, Salem, argued the cause for appellants. With them on the brief were William M. Langley, District Attorney for Multnomah County, Willis West, Chief Deputy of Civil Department, and Thomas B. Brand, Deputy District Attorney, all of Portland.

Grant T. Anderson, Portland, argued the cause for respondents. On the brief were King, Miller, Anderson, Nash & Yerke, Portland.

Before WARNER, Chief Justice, and ROSSMAN, LUSK, LATOURETTE, TOOZE and PERRY, Justices.

AFFIRMED.

LATOURETTE, J.

This is a declaratory judgment proceeding brought by School District No. 1, Multnomah County, et al., against the members of the Tax Supervising and Conservation Commission of Multnomah County and the Attorney General, to obtain a judicial construction of Art XI, § 11 of the constitution which was amended November 4, 1952, the applicable part being:

"(1) Unless specifically authorized by a majority of the legal voters...

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