COALITION FOR EQUIT. SCH. FUND. v. STATE

CC 89C-12361, CA A65419, SC S37429.

811 P.2d 116 (1991)

311 Or. 300

COALITION FOR EQUITABLE SCHOOL FUNDING, Inc., a Non-Profit Corporation; Jennifer R. Stoller, a Minor, by Judy Stoller, Her Guardian Ad Litem; Jessica Dudley Casteel, a Minor, by Theodore W. Casteel and Patricia M. Dudley, Her Guardians Ad Litem; Philip Andrew Lockwood and Adam Benjamin Lockwood, Minors, by Dolores Jean Lockwood, Their Guardian Ad Litem; Ryan Brink, a Minor, by Shaun Brink, His Guardian Ad Litem; Shannon Marie Sutch, a Minor, by Edwin Paul Sutch, Her Guardian Ad Litem; Jennifer Diane Lindstrom, a Minor, by Diane L. Lindstrom, Her Guardian Ad Litem; Angella K. Graves, a Minor, by Susan K. Graves, Her Guardian Ad Litem; Jesse M. Longhurst, a Minor, by Gordon A. Longhurst, Her Guardian Ad Litem; Sasha Marie Brown, a Minor, by Rebecca L. Brown, Her Guardian Ad Litem; Tristan W. Proett, a Minor, by Stan W. Proett, His Guardian Ad Litem; Central Plaza, an Oregon Partnership; Bonnie Morris; Judy Stoller; Patricia M. Dudley and Theodore W. Casteel; Dolores Jean Lockwood; Shaun Brink; Edwin Paul Sutch; Susan K. Graves; Gordon A. Longhurst; Rebecca L. Brown; Stan W. Proett; and William Farmer On Behalf of Themselves and All Other Persons Similarly Situated, Appellants, v. STATE of Oregon, John A. Kitzhaber, M.D., in His Capacity As Senate President, and Vera Katz, in Her Capacity As Speaker of the House, As Representatives of the Oregon Legislative Assembly, Superintendent of Public Instruction, and State Board of Education, Respondents.

Supreme Court of Oregon, In Banc.

Reargued March 6, 1991.

Decided May 2, 1991.


Attorney(s) appearing for the Case

James M. Brown, of Enfield, Guimond & Brown, Salem, argued the cause for appellants. With him on the briefs was Joseph C. Guimond, Salem.

Virginia L. Linder, Sol. Gen., Salem, argued the cause for respondents. With her on the briefs were Dave Frohnmayer, Atty. Gen., and Jerome Lidz and Kaye E. Sunderland, Asst. Attys. Gen., Salem.

Robert D. Durham and Barbara J. Diamond, of Bennett & Durham, Portland, filed a brief on behalf of amicus curiae Oregon Educ. Ass'n. Mr. Durham filed supplemental briefs.

William G. Paulus and Mark B. Comstock, of Garrett, Seideman, Hemann & Robertson, P.C., Salem, filed a brief on behalf of amici curiae Salem Area Chamber of Commerce, Forest Grove Chamber of Commerce, Forest Grove Economic Development, Keizer Chamber of Commerce, Philomath Chamber of Commerce, Gresham Chamber of Commerce, Redmond Chamber of Commerce, North Clackamas Chamber of Commerce, Salem Economic Development Corp., Salem Homebuilders Ass'n, Josephine County Homebuilders, Salem Bd. of Realtors, Salem League of Women Voters, and Norma Paulus.

Robert M. Johnstone, Bruce A. Zagar, and George J. Zarzana, of Johnstone, Zagar & Zarzana, McMinnville, filed a brief on behalf of amici curiae Carlton Elementary School Dist. 11, McMinnville School Dist. 40, Newberg School Dist. 27Jt, and Sheridan School Dist. 48J.

Robert C. Cannon, Marion County Legal Counsel, Salem, filed the brief on behalf of amicus curiae Marion County.

Terry Kay, Salem, filed an amicus curiae brief on behalf of himself.


GRABER, Justice.

Plaintiffs1 seek a declaration that Oregon's current method of funding public schools violates the state constitution. We hold that plaintiffs have failed to plead a valid claim.

Plaintiffs' second amended complaint alleges, among other things, that:

(1) State statutes and administrative rules currently impose standards on school districts that are higher than the standards imposed in 1973. Those standards...

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