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dePARRIE v. STATE

93C-12326, 93C-12321; CA A83441 (Control), CA A83455.

893 P.2d 541 (1995)

133 Or. App. 613

Paul dePARRIE, Appellant, v. STATE of Oregon, Barbara Roberts, in her capacity as Governor of the State of Oregon, and Phil Keisling, in his capacity as Secretary of State for the State of Oregon, Respondents, and Senator Dick Springer, Representative Jim Edmunson and Representative Gail Shibley, Intervenors-Respondents. Lon MABON, a Qualified Elector, Loretta Neet, a Qualified Elector, David Graham, a Qualified Elector, and No Special Rights Committee, PAC, a Political Action Committee, Appellants, v. STATE of Oregon, Barbara Roberts, Governor, State of Oregon, and Phil Keisling, Secretary of State, State of Oregon, Respondents, and Senator Dick Springer, Representative Jim Edmunson and Representative Gail Shibley, Intervenors-Respondents.

Court of Appeals of Oregon.

Decided April 12, 1995.

Attorney(s) appearing for the Case

Paul deParrie filed the briefs pro se.

Melanie E. Mansell, Salem, filed the briefs, for appellants Lon Mabon, Loretta Neet, David Graham and No Special Rights Committee, PAC.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Rives Kistler, Asst. Atty. Gen., filed the brief, for respondents.

Charles F. Hinkle, Portland, filed the brief, for intervenors-respondents.

Before DEITS, P.J., and RIGGS and De MUNIZ, JJ.

DEITS, Presiding Judge.

These are appeals by the plaintiffs in two consolidated declaratory judgment actions that were brought, respectively, by plaintiff deParrie and by plaintiffs Mabon, Neet, Graham and No Special Rights Committee, PAC.1 In both actions, the plaintiffs sought a declaration that ORS 659.165 is invalid. That statute provides:

"(1) A political subdivision of the state may not enact or enforce any charter provision...

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