In re Determination of the Applicability of Article XI, section 11b of the Oregon Constitution to Bonded Indebtedness of the City of Portland and the Portland Development Commission, in Connection with the South Park Urban Renewal District.
CITY OF PORTLAND, Acting By and Through the PORTLAND DEVELOPMENT COMMISSION, Appellant/Cross-Respondent.
v.
Dorothy M. SMITH and Peter M. Smith, Respondents/Cross-Appellants, and
Henry Kane and Clyde V. Brummell, Respondents.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted July 28, 1992.
Decided September 3, 1992.
Attorney(s) appearing for the Case
Timothy J. Sercombe, Preston Thorgrimson Shidler Gates & Ellis, Portland, argued the cause, for appellant, cross-respondent. With him on the briefs were Harvey W. Rogers and James N. Westwood, Miller, Nash, Wiener, Hager & Carlsen, Portland.
Henry Kane, Beaverton, argued the cause and filed a response brief in pro. per.
Clyde V. Brummell, respondent pro se, argued the cause and filed a response brief.
Richard M. Stephens, Pacific Legal Foundation, Bellevue, Washington, argued the cause and filed a response brief and a reply brief, for respondents, cross-appellants.
David Wu, Cohen & Wu, Portland, filed a brief on behalf of amici curiae Ecumenical Ministries of Oregon and The Urban League of Portland, Inc., in which amici curiae Korean Chamber of Commerce of Oregon, Inc., Chinese Consol. Benev. Ass'n, and North/Northeast Economic Development Alliance, Inc., joined.
James E. Mountain, Jr., and Glenn Klein, Harrang Long Watkinson Arnold and Laird, P.C., on behalf of amici curiae City of Eugene, City of Salem, City of Albany, and League of Oregon Cities, and Michael D. Reynolds, Asst. Sol. Gen., Charles S. Crookham, Atty. Gen., Virginia Linder, Sol. Gen., and Wendy Robinson, Asst. Atty. Gen., Salem, on behalf of amicus curiae Or. Economic Development Dept., filed a joint brief.
Oliver I. Norville, and Peter R. Mersereau, Rankin Mersereau & Shannon, Portland, filed a brief on behalf of amicus curiae Ass'n of Oregon Redevelopment Agencies.
Gregory W. Byrne, Byrne, Barrow & Smith, Portland, filed a brief on behalf of amici curiae Thomas P. Dennehy, Don McIntire, Don Nelson, Harry Barnes, Ron Smith, Cathy Smith, Louann Sue Myers, Maurice Unis, Tom Nelson, Valerie Nelson, Gresham Health Club, Inc., Gresham Court Club, Inc., Jim Weston Pontiac-GMC, Inc. and Romaine McIntire.
Steven A. Moskowitz, Portland, filed a brief on behalf of amici curiae Ass'n for Portland Progress, Beaverton Area Chamber of Commerce, Gresham Area Chamber of Commerce, Or. Ass'n of Minority Entrepreneurs, Or. Downtown Development Ass'n, Portland Metropolitan Chamber of Commerce and Salem Downtown Ass'n.
Before CARSON, C.J., PETERSON, GILLETTE, VAN HOOMISSEN, FADELEY and GRABER, JJ., and RICHARDSON, J. Pro Tem.
Supreme Court of Oregon.
PETERSON, Justice.
In November 1990, as the result of an initiative, Oregon voters passed a constitutional amendment relating to property taxation and public school financing, commonly referred to, then and now, as Measure 5. Or. Const., Art. XI, § 11b. Measure 5 "limits the taxes that may be imposed on any property by limiting tax rates." Coalition for Equit. School Fund. v. State of Oregon,311 Or. 300, 310,
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