STATE EX REL. BOE v. STRAUB


578 P.2d 1247 (1978)

282 Or. 387

STATE of Oregon ex rel. Jason Boe, Victor Atiyeh, Lenn L. Hannon, Fred W. Heard, Kenneth Jernstedt, Anthony Meeker, E.D. Potts, John Powell and Blaine Whipple, Plaintiffs-Relators, v. Robert W. STRAUB, Governor of the State of Oregon, Defendant.

Supreme Court of Oregon, In Banc.

Argued and Submitted May 5, 1978.


Attorney(s) appearing for the Case

M. Chapin Milbank, of Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem, argued the cause and filed the brief for plaintiffs-relators.

Arden E. Shenker, of Tooze, Kerr, Peterson, Marshall & Shenker, Portland, argued the cause for defendant. With him on the briefs was Roger K. Stroup, Portland.

Charles N. Hilke, of Marion-Polk Legal Aid Service, Salem, Kent B. Thurber, of Oregon Legal Services, Portland, Robert B. Gillan, of National Senior Citizens Law Center, Los Angeles, Cal., and Edward Gaffney, of Center for Constitutional Studies, Notre Dame, Ind., filed the brief amicus curiae on behalf of Oregon State Council for Senior Citizens.


DENECKE, Chief Justice.

Nine members of the Oregon Senate brought this original proceeding as plaintiffs in the Supreme Court against the Governor of Oregon as defendant. The Senators ask this court to order the Governor to appoint a person to the Board of Examiners of Nursing Home Administrators, subject to confirmation by the Senate Committee on Executive Appointments pursuant to ORS 678.800(5). The Governor appointed a person to the Board who was not confirmed...

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