HARTUNG v. BRADBURY

Nos. SC S48792, S48833, S48867, S48827, S48859, S48868, S48829, S48862, S48869, S48870, S48871, S48874, S48875.

33 P.3d 972 (2001)

332 Or. 570

Tom HARTUNG et al., Petitioners, v. Bill BRADBURY, Secretary of State, Respondent. Joe Fabiano and Charles Stern, Petitioners, v. Bill Bradbury, Secretary of State, Respondent. Cletus Moore et al., Petitioners, v. Bill Bradbury, Secretary of State, Respondent. Henry Kane, and Clyde V. Brummell, Petitioners, v. Bill Bradbury, Secretary of State, Respondent. Charlotte D. Lehan et al., Petitioners, v. Bill Bradbury, Secretary of State, Respondent. Bryan Russell Platt et al., Petitioners, v. Bill Bradbury, Secretary of State, Respondent. Robert T. Anderson and Elise Smurzynski, Petitioners, v. Bill Bradbury, Secretary of State, Respondent. Jim Goan, Petitioner, v. Bill Bradbury, Secretary of State, Respondent. Danele Welsh et al., Petitioners, v. Bill Bradbury, Secretary of State, Respondent. Edmund G. Gray and Robert Hagbom, Petitioners, v. Bill Bradbury, Secretary of State, Respondent. Jeff Kropf et al., Petitioners, v. Bill Bradbury, Secretary of State, Respondent. Donna McDonnell, Petitioner, v. Bill Bradbury, Secretary of State, Respondent. Eugene Grant et al., Petitioners, v. Bill Bradbury, Secretary of State, Respondent.

Supreme Court of Oregon, En Banc.

Decided October 18, 2001.


Attorney(s) appearing for the Case

Paul R.J. Connolly, Salem, argued the cause for petitioners Tom Hartung et al. (S48792). With him on the brief was Donna G. Goldian.

Walter R. Gowell, of Haugebert, Rueter, Gowell, Fredricks and Higgins PC, McMinnville, argued the cause for petitioners Joe Fabiano and Charles Stern (S48827). With him on the brief was Rick Sanai, Assistant County Counsel, McMinnville.

Kelly W.G. Clark, of O'Donnell and Clark LLP, Portland, filed the brief for petitioners Cletus Moore et al. (S48829).

Henry Kane, Beaverton, and Clyde V. Brummell, Portland, filed the briefs pro se for petitioners Kane and Brummell (S48833).

Michael E. Kohlhoff, City Attorney, Wilsonville, argued the cause and filed the brief for petitioners Charlotte D. Lehan et al. (S48859).

Bryan Russell Platt, Eagle Point, Valerie Platt, Eagle Point, Nita Williamson, White City, Colleen L. Roberts, Prospect, George Williamson, White City, Sharon Allsop, Shady Cove, and Robert E. Lyon, Butte Falls, filed the petition pro se for petitioners Bryan Platt et al. (S48862).

Larry L. Kerr, Medford, argued the cause and filed the brief for petitioners Robert T. Anderson and Elise Smurzynski (S48867).

Joseph E. Kellerman, of Hornecker, Cowling, Hassen and Heysell LLP, Medford, argued the cause and filed the brief for petitioner Jim Goan (S48868).

Paul R.J. Connolly, Salem, argued the cause for petitioners Danele Welsh et al. (S48869). With him on the briefs was Donna G. Goldian.

Edward H. Trompke, of Jordan Schrader PC, Lake Oswego, argued the cause for petitioners Edmund G. Gray and Robert Hagbom (S48870). With him on the briefs was E. Andrew Jordan.

James C. Egan, of Kryger, Alexander, Egan and Elmer PC, Albany, argued the cause and filed the brief for petitioners Jeff Kropf et al. (S48871).

Donna McDonnell, Sunriver, filed the petition pro se (S48874).

Eugene L. Grant, of Schwabe, Williamson and Wyatt PC, Portland, argued the cause in propria persona for petitioners Eugene Grant et al. (S48875). With him on the brief was Karen O'Kasey.

Michael D. Reynolds, Solicitor General, and Erika L. Hadlock, Assistant Attorney General, Salem, argued the cause for respondent. Robert M. Atkinson, Erika L. Hadlock and Daniel J. Casey filed the brief and combined supplemental excerpt of record and appendix. With them on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Jeff M. Wilson, Crook County Counsel, filed the brief for amicus curiae Crook County (S48827).

James M. Coleman, County Counsel, Oregon City, filed the brief for amicus curiae Clackamas County (S48859; S48875).

Michael Jewett, Jackson County Counsel, Medford, filed the brief for amicus curiae Jackson County (S48868).

David J. Hunnicutt, Tigard, filed the briefs for amicus curiae Oregonians in Action (S48829; S48870).

The Port of Brookings Harbor, Port of Gold Beach, and City of Brookings joined petitioners Gray and Hagbom's brief as amici curiae (S48870).

Steven R. Lounsbury, Office of Legal Counsel, Coquille, and M. Gerard Herbage, Curry County Counsel, Gold Beach, filed the brief for amici curiae Coos County and Curry County (S48870).


RIGGS, J.

Petitioners have filed original proceedings under Article IV, section 6(3), of the Oregon Constitution, challenging the validity of the plan of reapportionment of legislative districts prepared by the Secretary of State. All the petitions are consolidated for the purpose of this opinion. We grant the petition of Fabiano Petitioners, void the plan of reapportionment, and return the plan to the Secretary of State with directions. We dismiss all the other petitions...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases