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WITCHERS v. STATE OF OREGON

(94CV0074TM and 96CV0623AB; CA A97204)

987 P.2d 1247 (1999)

163 Or. App. 298

Zachary Daniel WITHERS, Kiel Alan Peck and Seth Jeremy Ring, Respondents—Cross-Appellants, v. STATE of Oregon, Appellant— Cross-Respondent. Jennifer Ann Solman, Jennifer Renee Surdyk And Briana Jane Swanlund Hinchliffe, Respondents—Cross-Appellants, v. State of Oregon, Appellant— Cross-Respondent.

Court of Appeals of Oregon.

Decided October 13, 1999.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, argued the cause for appellant-cross-respondent. On the brief were Rives Kistler, Assistant Attorney General, Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General; on the reply brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Robert M. Atkinson, Assistant Attorney General.

William F. Gary, Eugene, argued the cause for respondents-cross-appellants. With him on the brief was Harrang Long Gary Rudnick, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

De MUNIZ, P.J.

The state appeals from an adverse decision in a declaratory judgment proceeding in which plaintiffs petitioned for and received supplemental relief after being denied relief in Withers v. State of Oregon, 133 Or.App. 377, 891 P.2d 675, rev. den. 321 Or. 284, 896 P.2d 1213 (1995). In the present proceeding, the trial court held that the state violated Article I, section...

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