CITY OF EUGENE v. ROBERTS

16-88-02472; CA A48266.

756 P.2d 643 (1988)

91 Or.App. 1

CITY OF EUGENE, an Oregon Municipal Corporation, Respondent, v. Barbara ROBERTS, John E. Faw, and David L. Spriggs, Appellants.

Court of Appeals of Oregon.

Decided May 6, 1988.


Attorney(s) appearing for the Case

Janet Metcalf, Asst. Atty. Gen., Salem, argued the cause for appellants. With her on the memorandum were Dave Frohnmayer, Atty. Gen., and Mark Braverman, Asst. Atty. Gen., Salem.

Timothy J. Sercombe, Eugene, argued the cause for respondent. With him on the memoranda were Stanton F. Long, and Harrang, Long, Watkinson & Arnold, P.C., Eugene.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

Defendant Roberts is the Secretary of State of Oregon. Defendants Faw and Spriggs are election officials of Lane County. The three appeal from a judgment for the plaintiff city of Eugene in this action under ORS 246.910, in which the city challenged the secretary's directive to the other defendants, and their compliance with her directive, that an "advisory question" which the city council sought to submit to Eugene's voters not be placed...

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