YAMHILL COUNTY v. DAUENHAUER


492 P.2d 766 (1972)

YAMHILL COUNTY, a Political Subdivision of the State of Oregon, et al., Respondents, v. Carl J. DAUENHAUER et al., Petitioners.

Supreme Court of Oregon.

Decided January 19, 1972.


Attorney(s) appearing for the Case

Edward N. Fadeley, Eugene, argued the cause and filed a brief for petitioners.

Donald R. Blensly, Dist. Atty., McMinnville, argued the cause for respondents Yamhill County and Jack Beeler. With him on the brief was Duane R. Ertsgaard, Salem, for respondent Marion County.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, HOWELL and BRYSON, JJ.


O'CONNELL, Chief Justice.

This is a declaratory judgment proceeding to determine whether a proposed measure filed in Yamhill County in July, 1970 by defendants is a proper subject for the initiative procedure. Defendants appealed from the trial court's judgment for plaintiffs. The Court of Appeals affirmed, 487 P.2d 1167, and defendants filed this petition for review.

The proposed measure provides that,

"Notwithstanding...

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