SCH. DIST. NO. 1 v. MULT. CO. EDUC. SERV. DIST

A8208-04744, A8303-01812, A8304-02519; CA A28247 (control), CA A29096, CA A29109 (cases consolidated); CA A29964 (no Agency No.).

716 P.2d 759 (1986)

78 Or.App. 247

SCHOOL DISTRICT NO. 1. MULTNOMAH COUNTY, Oregon; Charlotte Beeman, Dean Gisvold, Frank McNamara, Forrest Rieke and William Scott; Susan Kirschner Callahan and James Gardiner; James Ashbaugh and Della M. Taylor, Appellants — Cross-Respondents, v. MULTNOMAH COUNTY EDUCATION SERVICE DISTRICT; MULTNOMAH COUNTY EDUCATION SERVICE DISTRICT BOARD AND DAN MOSEE, Patricia Swanson, John Sweeney and Robert Sweeney, Howard Cherry, Donald Johnson and Robert Park, As Members of the Multnomah County Education Service District Board; Clackamas County Education Service District; Clackamas County Education Service District Board and Clayton Wills, Karen Lytle, Keith Lindahl, Steve Woodall, Charlie Lucht, Gary McClain and John Rowell, As Members of the Clackamas County Education Service District Board; Jackson Education Coalition and Norman Lee, Individually and As Representatives of the Class Seeking Formation of a Separate School District in the Former Jackson Attendance Area, Respondents — Cross-Respondents, Oregon Department of Education; Oregon State Board of Education and Clifford Freeman, Joyce Benjamin, Wally McCrae, Frank Dost, Thelma Elliot, Gene Stunz and Elizabeth Myers, As Members of the Oregon State Board of Education, Respondents — Cross-Appellants, School District No. 1, Multnomah County, Oregon, Appellant, v. Multnomah County Education Service District Board of Directors, Respondent. Jackson Education Coalition, Respondent. School District No. 1, Multnomah County, Oregon, Appellant, v. CLACKAMAS COUNTY EDUCATION SERVICE DISTRICT BOARD OF DIRECTORS, Respondent, Jackson Education Coalition, Respondent. In the matter of the Proposed Formation of Jackson School District No. 14-14JT. Jackson Education Coalition and Multnomah County Education Service District Board, Petitioners — Cross-Respondents, v. Board of Education of the State of Oregon, and Clackamas County Education Service District Board, Respondents — Cross-Respondents, and School District No. 1 Multnomah County, Oregon, and Charlotte Beeman, Dean Gisvold, Frank McNamara, Forrest Rieke, William Scott, Susan Kirschner Callahan, James Gardiner, James Ashbaugh and Della M. Taylor, and Schools for the City and James A. Meyer, Mary Lou Munroe, Sara Frewing, and Barbara Thomas, Respondents — Cross-Petitioners.

Court of Appeals of Oregon.

Decided March 26, 1986.

Reconsideration Denied May 9, 1986.


Attorney(s) appearing for the Case

John W. Burgess, Portland, argued the cause for respondent — cross-respondent and petitioner — cross-respondent Multnomah Co. Educ. Service Dist. Bd. With him on briefs were Phillip D. Chadsey and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Mark C. McClanahan, Portland, argued the cause for appellants — cross-respondents and respondents — cross-petitioners School Dist. No. 1, Multnomah Co., Oregon, and its individual Board members. With him on briefs were Jonathon L. Goodling and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Owen D. Blank, Portland, argued the cause for respondents — cross-petitioners Schools for the City, James A. Meyer, Mary Lou Munroe, Sara Frewing and Barbara Thomas. With him on briefs was Joseph S. Voboril and Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

Owen D. Blank, Portland, argued the cause and filed a brief amicus curiae for Schools for the City in A28247. With him on brief was Joseph S. Voboril, Portland.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent Oregon Dept. of Educ. and respondent and respondent — cross-respondent Oregon State Bd. of Educ. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem. Respondents' cross-appeal was dismissed on May 13, 1985.

John R. Faust, Jr., Portland, argued the cause for respondent — cross-respondent and petitioner — cross-respondent Jackson Educ. Coalition and its individual members. On briefs were Mildred J. Carmack, Jay T. Waldron and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

John C. Caldwell, Oregon City, waived appearance for Clackamas Co. Educ. Service Dist.

(at8s)appearance for Multnomah Co. Educ. Service Dist.

(at9s)appearance for Clackamas Co. Educ. Service Dist. Bd. and its individual Bd. members.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

The Multnomah County Education Service District Board (MCESD), the Clackamas County Education Service District Board (CCESD) and the Jackson Education Coalition and 16 of its individual members (the Coalition) seek review of a decision of the State Board of Education which found to be unsatisfactory, and withheld approval of, a reorganization plan to create a new school district out of the former attendance area of Jackson High School. Schools...

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