CITY OF EUGENE v. ROBERTS

TC 16-88-02472; CA A48266; SC S35155.

756 P.2d 630 (1988)

305 Or. 641

CITY OF EUGENE, an Oregon Municipal Corporation, Petitioner On Review, v. Barbara ROBERTS, John E. Faw, and David L. Spriggs, Respondents On Review.

Supreme Court of Oregon.

Decided May 17, 1988.


Attorney(s) appearing for the Case

Timothy J. Sercombe, Eugene, argued the cause and filed the petition on behalf of petitioner on review. With him on the petition was Harrang, Long, Watkinson & Arnold, P.C., Eugene.

William F. Gary, Deputy Atty. Gen., Salem, argued the cause on behalf of the respondents on review. Virginia Linder, Sol. Gen., Salem, filed the response on behalf of the respondents on review. With her on the response were Dave Frohnmayer, Atty. Gen., William F. Gary, Deputy Atty. Gen., James E. Mountain, Jr., Special Counsel, and Janet A. Metcalf, Asst. Atty. Gen., Salem.

Before LENT, P.J., and LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ.


GILLETTE, Justice.

This is a proceeding pursuant to ORS 246.910 in which the City of Eugene (City) seeks to compel Lane County election officials to place on the state primary election ballot an "advisory question" that the City Council wishes to submit to city voters. The defendant Secretary of State had directed the defendants Faw and Spriggs, who are the pertinent Lane County officials, not to place the advisory question on the ballot. The Circuit Court ordered...

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