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DELASHMUTT v. MYERS

(SC S46841; S46843)

992 P.2d 442 (1999)

329 Or. 516

Brian J. DELASHMUTT, Scott Gallant and Gary F. Oxley, Petitioners, v. Hardy MYERS, Attorney General of the State of Oregon, Respondent. Linda C. Love, Petitioner, v. Hardy Myers, Attorney General of the State of Oregon, Respondent.

Supreme Court of Oregon, En Banc.

Decided December 9, 1999.

Attorney(s) appearing for the Case

James N. Gardner, of Gardner & Gardner, P.C., Portland, argued the cause and filed the petition for petitioners Brian J. Delashmutt, Scott Gallant, and Gary F. Oxley.

Kathryn H. Clarke, Portland, argued the cause and filed the petition for petitioner Linda C. Love.

Philip Schradle, Chief Civil Assistant Attorney General, Salem, argued the cause for respondent. With him on the responses were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

GILLETTE, J.

These are two consolidated proceedings brought under ORS 250.085(2) to review the ballot title for a measure referred to the people by the 1999 Legislative Assembly. The referred measure, House Joint Resolution 2, would add a new section 34 to Article IV of the Oregon Constitution. The new section would provide:

"Notwithstanding any other provision of this Constitution, the Legislative Assembly by law may impose limitations on the damages that...

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