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SIZEMORE v. KEISLING

(98C-16691; CA A103686)

990 P.2d 351 (1999)

164 Or. App. 80

Bill SIZEMORE, Appellant, v. Phil KEISLING, Respondent, and Virginia Markell, Laurence Perry, and Susan C. Remmers, Intervenors-Respondents.

Court of Appeals of Oregon.

Decided November 3, 1999.

Attorney(s) appearing for the Case

Molly E. Hickman argued the cause for appellant. On the briefs was Gregory W. Byrne, Portland.

David Schuman, Deputy Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Christina L. Beatty-Walters, Assistant Attorney General.

Margaret S. Olney, Portland, argued the cause for intervenors-respondents. On the brief were Paul B. Gamson, Portland and Smith, Gamson, Diamond & Olney.

Before HASELTON, Presiding Judge, and BREWER, Judge, and WARREN, Senior Judge.

BREWER, J.

Plaintiff, an Oregon voter, appeals from a judgment dismissing as untimely this combined action for declaratory and injunctive relief and petition for judicial review under ORS 183.484. Plaintiff's complaint sought a declaration that Article XVII, section 1, of the Oregon Constitution1 required defendant Secretary of State to submit Ballot Measure 62 to Oregon voters in the November...

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