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WAREMART, INC. v. MATHIAS

(9806-04107; CA A104788)

7 P.3d 538 (2000)

168 Or. App. 272

WAREMART, INC., an Idaho corporation, Appellant, v. Jason Scott MATHIAS, Defendant, and State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided June 7, 2000.

Attorney(s) appearing for the Case

Charles F. Hinkle, argued the cause for appellant. With him on the briefs was Stoel Rives LLP.

Richard D. Wasserman, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

In this action for declaratory and injunctive relief, plaintiff Waremart, Inc. (Waremart), asserts that, if the State of Oregon requires that it permit members of the public to solicit initiative petition signatures on Waremart property, it will suffer a deprivation of various constitutional rights. The trial court dismissed the action on the ground that Waremart's claims are nonjusticiable, because Waremart failed to allege that the state actually has...

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