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NELSON v. ROBERTS

SC S36498; SC S36502; SC S36499.

781 P.2d 344 (1989)

308 Or. 417

David S. NELSON, Petitioner, v. Barbara ROBERTS, Secretary of State, Respondent. Oregonians against Field Burning, an Unincorporated Association, Jay Thiele, and Barbara Swain, Petitioners, v. BARBARA ROBERTS, Secretary of State, of the State of Oregon, Respondent. William H. Johnson, Petitioner, v. Barbara ROBERTS, Secretary of State, Respondent.

Supreme Court of Oregon.

Decided October 26, 1989.

Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for petitioner David S. Nelson. With him on the petition were Donald A. Haagensen and Schwabe, Williamson & Wyatt, Portland.

Charles F. Hinkle, Portland, argued the cause and filed the petition for petitioners Oregonians Against Field Burning, Jay Thiele and Barbara Swain.

William H. Johnson, Foster, argued the cause and filed a petition pro se.

Janet Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. John A. Reuling, Jr., Asst. Atty. Gen., Salem, filed the answering memoranda for respondent. With him on the response were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Before PETERSON, C.J., and CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

GILLETTE, Justice.

This original proceeding involves three consolidated challenges to a ballot title for a proposed initiative measure. ORS 250.085(2). All the parties challenging the ballot title submitted comments concerning the Attorney General's earlier, proposed ballot title and therefore are entitled to bring these proceedings. ORS 250.085(2) and (5). We modify the ballot title to the extent hereafter set out.

The proposed measure would alter, in various...

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