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REILLEY v. PAULUS

No. 107-021; CA 12311; SC 26433.

607 P.2d 162 (1980)

288 Or. 573

Marvin REILLEY and Donald Getner, Plaintiffs, v. Norma PAULUS, Secretary of State, 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-Petitioners.

Supreme Court of Oregon, In Banc.

Decided February 26, 1980.

Attorney(s) appearing for the Case

Scott H. Parker, Clackamas County Counsel, Oregon City, argued the cause for intervenors-petitioners. With him on the brief was Michael E. Judd, of Clackamas County Counsel, Oregon City.

John R. Faust, Jr., of Hardy, McEwen, Newman, Faust & Hanna, Portland, argued the cause for respondents Metropolitan Service District and Charles Kemper. On the brief was Janice M. Stewart, Portland. With her on the brief was E. Andrew Jordan, Portland, for respondents Columbia Regional Association of Governments and Denton Kent.

DENECKE, Chief Justice.

This is a declaratory judgment proceeding in which officers of Clackamas County intervened and asked for a judgment that chapter 665, Oregon Laws 1977 violates the Oregon Constitution. Chapter 665 proposed to the electorate of Clackamas, Multnomah and Washington counties sweeping changes in the organization of the Metropolitan Service District (MSD), a special service district created in 1970 to manage basic public services, such as sewers...

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