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BOYTANO v. FRITZ

CC 93-500CV; CA A80515; SC S41923.

901 P.2d 835 (1995)

321 Or. 498

Janet BOYTANO, Petitioner on Review, v. Elisa FRITZ, Election Officer of the City of Klamath Falls, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided August 24, 1995.

Attorney(s) appearing for the Case

Charles F. Hinkle, of ACLU Foundation of Oregon, Inc., Portland, argued the cause and filed the petition for petitioner on review.

Jeffrey D. Ball, City Attorney, Klamath Falls, waived appearance for respondent on review.

Rives Kistler, Assistant Attorney General, Salem, filed a brief on behalf of amicus curiae Secretary of State. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

GRABER, Justice.

Plaintiff Boytano seeks declaratory and injunctive relief, requesting that defendant Fritz, the elections officer of the City of Klamath Falls, be prevented from placing a proposed, but not yet qualified, initiative measure on the ballot. The trial court refused to grant the requested relief. The Court of Appeals affirmed. Boytano v. Fritz, 128 Or.App. 109, 875 P.2d 476

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