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REILLEY v. SECRETARY OF STATE

No. 107-021; CA 12311.

598 P.2d 323 (1979)

41 Or.App. 293

Marvin REILLEY and Donald Getner, Appellants, v. SECRETARY OF STATE, Norma Paulus, Metropolitan Service District, Columbia Region Association of Governments, Denton Kent and Charles Kemper, Respondents, v. Clackamas County Commissioners, Stan Skoko, Ralph Groener, Robert Schumacher, Clackamas County Treasurer, Wayne LaFarge, Intervenors-Appellants.

Court of Appeals of Oregon.

Decided July 30, 1979.

Attorney(s) appearing for the Case

Earl H. Mickelsen, Portland, argued the cause and filed the briefs for appellants.

Janice M. Stewart, Portland, argued the cause for respondents Metropolitan Service Dist., Charles Kemper, Columbia Region Ass'n of Governments and Denton Kent. With her on the brief were Hardy, McEwen, Newman, Faust & Hanna and E. Andrew Jordan, Portland.

Scott H. Parker, Oregon City, argued the cause for intervenors-appellants. With him on the briefs were Michael E. Judd, Oregon City.

Al J. Laue, Asst. Atty. Gen., Salem, waived appearance for respondent Secretary of State.

Before SCHWAB, C.J., and THORNTON and JOSEPH, JJ.

JOSEPH, Judge.

This is an action brought to have Oregon Laws 1977, chapter 665, declared to be unconstitutional or to be void because it violates provisions of other statutes. The plaintiffs are identified only as "registered voters and citizens of Clackamas County."1 Although the complaint stated that it was brought as a class action, nothing was done to comply with ORS 13.230. The Secretary of State was eventually dismissed as a party...

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