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FRED MEYER, INC. v. ROBERTS

SC S36157 (Control), S36158, S36160, S36168.

777 P.2d 406 (1989)

308 Or. 169

FRED MEYER, INC., a Delaware Corporation, Petitioner, v. Barbara ROBERTS, Secretary of State of the State of Oregon, Respondent. Rlh Management Co., an Oregon Corporation, Petitioner, v. BARBARA ROBERTS, Secretary of State, Respondent. Melvin Simon Associates, Inc., Petitioner, v. Barbara ROBERTS, Secretary of State, Respondent. Clackamas Town Center Associates, a California Limited Partnership, Petitioner, v. Barbara Roberts, Secretary of State of the State of Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided July 13, 1989.

Attorney(s) appearing for the Case

Charles F. Hinkle, Portland, argued the cause and filed the petition and reply memorandum for petitioner Fred Meyer, Inc.

Vernon D. Gleaves, of Gleaves Swearingen Larsen & Potter, Eugene, filed the petition for petitioner RLH Management Co. With him on the petition was Jon V. Buerstatte, Eugene.

Sean Donahue, of Ragen, Tremaine, Krieger, Schmeer & Neill, Portland, argued the cause for petitioner Melvin Simon Associates, Inc. With him on the petition and reply memorandum was Duane A. Bosworth, Portland.

Gile R. Downes, of Schulte, Anderson, DeFrancq, Downes & Carter, P.C., Portland, argued the cause and filed the petition for petitioner Clackamas Town Center Associates.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the caused for respondent. With him on the answering memorandum were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Gregory Kafoury, Portland, filed a memorandum on behalf of intervenor Coalition for Petition Rights.

JONES, Judge.

In these original proceedings (consolidated for the purposes of review), petitioners, Fred Meyer, Inc., RLH Management Co., Melvin Simon Associates, Inc., and Clackamas Town Center, challenge a ballot title certified by the Attorney General for an initiative measure that proposes to add the following new section to Article I of the Oregon Constitution:

"SECTION 41. The right of citizens to petition pursuant to section 1, Article IV of the Oregon...

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