STATE EX REL. DAHLEN v. ERVIN

9707-05447; CA A100470.

974 P.2d 264 (1999)

158 Or. App. 253

STATE ex rel. Sherry DAHLEN, Bob Boryer and Mike Fahey, Appellants, v. Vicki K. ERVIN, Respondent.

Court of Appeals of Oregon.

Decided February 10, 1999.


Attorney(s) appearing for the Case

Gregory W. Byrne, Portland, argued the cause for appellants. With him on the briefs was Byrne & Associates, P.C.

Sandra N. Duffy, Chief Assistant County Counsel, argued the cause for respondent. With her on the brief was Thomas Sponsler, County Counsel.

Before WARREN, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.


WARREN, P.J.

Relators brought this mandamus action seeking to have the trial court order defendant, the Multnomah County Director of Elections, to approve a proposed initiative petition for circulation. The trial court dismissed the alternative writ, holding that defendant did not violate a mandatory duty when she refused to accept the petition, because the initiative concerned administrative rather than legislative matters. We reverse.

The proposed initiative...

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