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ECUMENICAL MINISTRIES v. LOTTERY COM'N

91C-11532; CA A72455.

849 P.2d 532 (1993)

118 Or. App. 735

ECUMENICAL MINISTRIES OF OREGON; Victor G. Atiyeh, Robert W. Straub, Vern Ryles, Walter D. Pelett, James W. Knapp and Clair Vandehey, Appellants, v. OREGON STATE LOTTERY COMMISSION and James J. Davey, Lottery Director, Respondents, and Oregon Restaurant Association and Video Lottery Consultants, Inc., Intervenors-Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted December 2, 1992.

Decided March 24, 1993.

Attorney(s) appearing for the Case

Rick T. Haselton, Portland, argued the cause for appellants. With him on the briefs were James P. Molloy, Lindsay, Hart, Neil & Weigler, Portland, and James T. Massey, Sisters.

Jack L. Landau, Deputy Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Mark L. Cushing, Portland, argued the cause for intervenors-respondents. With him on the brief were Jacob Tanzer, Rochelle Lessner, and Ball, Janik & Novack, Portland.

Resubmitted In Banc December 2, 1992.

DE MUNIZ, Judge.

This is an action for declaratory and injunctive relief, in which plaintiffs challenge the constitutionality of statutes that circumscribe video lottery games and the allocation of lottery proceeds. In their first claim, they allege that the Lottery Commission will violate Article XV, section 4(7) of the Oregon Constitution,1 by implementing ORS 461.215 and ORS 461.217,

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