MID-COUNTY FUTURE ALTERNATIVES COMMITTEE, an Oregon Corporation, Peter M. Smith and Dorothy Smith, Respondents On Review,
v.
METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION AND CITY OF PORTLAND, Petitioners On Review.
Supreme Court of Oregon, In Banc.https://leagle.com/images/logo.png
Argued and Submitted June 2, 1987.
Decided September 9, 1987.
Reconsideration Denied October 20, 1987.
Attorney(s) appearing for the Case
Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for petitioner on review Portland Metropolitan Area Local Government Boundary Com'n. On the petition for review were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Michael B. Huston and Richard D. Wasserman, Asst. Attys. Gen., Salem. With him on the responses to the Court's questions were Dave Frohnmayer and Virginia L. Linder.
Jeffrey L. Rogers, City Atty., Portland, argued the cause for petitioner on review City of Portland and filed responses to the Court's questions. With him on the petition for review were Kathryn Beaumont Imperati, Chief Deputy City Attorney, and Ruth Spetter and Adrianne Brockman, Deputy City Attorneys, Portland.
Gregory W. Byrne, Portland, argued the cause for respondents on review. With him on the response to the Court's questions was George E. Birnie, Portland.
Matthew R. Baines, Asst. City Attorney, Gresham, filed an amicus curiae brief on behalf of the City of Gresham. With him on the brief and response to the Court's questions was Thomas Sponsler, City Atty., Gresham.
Janet Noelle Billups, Asst. County Counsel, Portland, filed an amicus curiae brief on behalf of Multnomah County. With her on the brief was Laurence Kressel, County Counsel for Multnomah County, Portland.
Timothy J. Sercombe, Harrang, Long, Watkinson & Arnold, P.C., Eugene, filed responses to the Court's questions on behalf of amicus curiae League of Oregon Cities.
William J. Juza, City Atty., Salem, waived briefing on behalf of amicus curiae City of Salem, stating that the briefs filed on behalf of petitioners on review and other amici fully present the City of Salem's position.
Supreme Court of Oregon, In Banc.
PER CURIAM.
By final orders of March 28, 1985, the Portland Metropolitan Area Local Government Boundary Commission ordered that certain tracts of land be annexed to the City of Portland as of that date. Opponents of the annexations sought judicial review in the Court of Appeals, and that court held that "ORS 199.495(1), as it relates to annexations initiated pursuant to ORS 199.490(2), violates Article I, section 20, of the Oregon Constitution." Mid-County Future...
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