POWELL v. BUNN

9805-03567; A108090.

59 P.3d 559 (2002)

185 Or.App. 334

Nancy L. POWELL, an individual, Remington Powell, a minor, through his Guardian ad Litem Nancy L. Powell, Appellants, v. Stan BUNN, individually and as Superintendent of Public Instruction; Portland Public School District No. 1J, Respondents.

Court of Appeals of Oregon.

Decided December 11, 2002.


Attorney(s) appearing for the Case

Andrea R. Meyer, Portland, argued the cause for appellants. With her on the briefs was Paul R. Meyer.

Janet Metcalf, Assistant Attorney General, argued the cause for respondent Stan Bunn. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

William J. Walters, Portland, argued the cause for Portland Public School District No. 1J. With him on the brief were Jeffrey B. Millner and Miller Nash, LLP, Portland.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.


LINDER, J.

The Portland Public School District (district) allows community organizations to use school facilities, subject to certain restrictions. The Pacific Cascade Council of the Boy Scouts of America (Boy Scouts) is one of the organizations that takes advantage of that policy. For schools underserved by scouting programs, particularly those with disadvantaged student populations, the Boy Scouts engages in an outreach program designed to encourage interested school...

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