McINTIRE v. FORBES

No. S42561.

909 P.2d 846 (1996)

322 Or. 426

Don McINTIRE and Thomas P. Dennehy, Petitioners, v. Donald E. FORBES, Director of the Oregon Department of Transportation, and Jim Hill, State Treasurer, Respondents, and Tri-County Metropolitan Transportation District of Oregon and Donald Dale Sloyer, Intervenors.

Supreme Court of Oregon, In Banc.

Decided January 19, 1996.


Attorney(s) appearing for the Case

Gregory W. Byrne, of Byrne & Barrow, Portland, argued the cause and filed the briefs, for petitioners and filed a motion for intervenor Donald Dale Sloyer in support of petitioners.

Michael D. Reynolds, Assistant Attorney General, Salem, argued the cause, for respondents. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Charles F. Hinkle, Portland, argued the cause and filed the brief, for intervenor Tri-County Metropolitan Transp. Dist.

Edward H. Trompke, Portland, filed the brief on behalf of amicus curiae Robert Tiernan.


GRABER, Justice.

Petitioners challenge the constitutionality of the light rail funding provisions of Senate Bill 1156 (SB 1156 or the Act), enacted by the Oregon legislature in special session in August 1995. They assert that sections 1 to 17 of the Act (the substantive provisions relating to light rail funding) are invalid for a number of reasons. We conclude that sections 1 to 17 of the Act are invalid because the legislative act in which they are contained violates...

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