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STATE, EX REL. ADAMS v. POWELL

(9905-05147; CA A107123)

15 P.3d 54 (2000)

171 Or. App. 81

STATE of Oregon, ex rel. Brady ADAMS, Gene Derfler, Ted Ferrioli, Bill Fisher, Gary George, Lenn L. Hannon, Tom Hartung, John Lim, Randy Miller, David Nelson, Eileen Qutub, Marylin Shannon, Charles Starr, Veral Tarno, Eugene Timms and Thomas Wilde, Appellants, v. Michael POWELL, Respondent, and John A. Kitzhaber, Governor for the State of Oregon, Intervenor-Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted August 8, 2000.

Decided November 22, 2000.

Attorney(s) appearing for the Case

Gregory A. Chaimov, Salem, argued the cause for appellants. With him on the briefs was the Office of the Legislative Counsel.

Thomas A. Balmer, Portland, argued the cause for respondent. With him on the brief was Ater Wynne LLP.

Jacob Tanzer, Portland, argued the cause for intervenor-respondent. With him on the brief was Henry H. Lazenby, Jr., Governor's Legal Counsel.

Before DEITS, Chief Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER and BREWER, Judges.

Resubmitted En Banc August 8, 2000.

De MUNIZ, J.

Plaintiffs, all of whom are state senators, appeal from a trial court judgment in favor of defendant Michael Powell and intervenor Governor John Kitzhaber in this quo warranto proceeding initiated pursuant to ORS 30.510 to remove Powell from the Board of Commissioners of the Port of Portland. The trial court held that Powell may hold over from his prior term in office until a successor is confirmed and...

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