LEAGUE OF OREGON CITIES, Benton County, City of Beaverton, City of Eugene, Junction City, City of Veneta, Bev Stein, Vera Katz, Multnomah County, City of Portland, and Washington County, Plaintiffs-Respondents,
v.
STATE of Oregon, John Kitzhaber, M.D., and Bill Bradbury, Defendants-Appellants, and
Stuart Miller, Intervenor-Appellant.
Audrey McCall, Hector MacPherson, Michael E. Swaim, James Lewis, and Mark Tipperman, Plaintiffs-Respondents,
v.
John Kitzhaber, M.D., Bill Bradbury, and State of Oregon, Defendants-Appellants, and
Stuart Miller, Intervenor-Appellant.
Supreme Court of Oregon, En Banc.https://leagle.com/images/logo.png
Argued and Submitted September 10, 2001.
Decided October 4, 2002.
Attorney(s) appearing for the Case
Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause for defendants-appellants. With her on the briefs were Stephanie Striffler, Special Counsel to the Attorney General, Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.
John A. DiLorenzo, Jr., of Hagen Dye Hirschy & DiLorenzo, P.C., Portland, argued the cause for intervenor-appellant. With him on the briefs were Aaron K. Stuckey, and Justin J. Burns, Portland.
William F. Gary, of Harrang Long Gary Rudnick, P.C., Eugene, argued the cause for respondents League of Oregon Cities, Benton County, City of Beaverton, City of Eugene, Junction City, City of Veneta, Bev Stein, Vera Katz, Multnomah County, City of Portland, and Washington County. With him on the briefs were Glenn Klein, James E. Mountain, Jr., Susan D. Marmaduke, and Janice L. Mackey. Also on the briefs were Jeffrey L. Rogers, City Attorney, and Madelyn Wessel and Linda Meng, Chief Deputy City Attorneys, Portland, and Thomas Sponsler, Multnomah County Attorney, and Sandra N. Duffy, Deputy County Attorney, Portland.
Thomas M. Christ, of Cosgrave, Vergeer & Kester, Portland, filed the brief and argued the cause for respondents Audrey McCall, Hector MacPherson, Michael E. Swaim, James Lewis, and Mark Tipperman.
James E. Leuenberger, Lake Oswego, filed the brief for amici curiae Don McIntire and Fred Hall.
John M. Groen, of Groen Stephens & Klinge, LLP, Bellevue, Washington, filed the brief for amici curiae Pacific Legal Foundation and Home Builders Association of Metropolitan Portland. With him on the brief were Robin L. Rivett and Benjamin C. Waggoner, of Pacific Legal Foundation, Bellevue, Washington.
Gregory W. Byrne, Portland, filed the brief for amicus curiae Oregon Taxpayers United.
Ross Day, Portland, filed the brief for amici curiae Frank Eisenzimmer, U.S. Term Limits, and Oregonians for Fair Term Limits.
David J. Hunnicutt, Tigard, filed the brief for amicus curiae Oregonians in Action-Legal Center.
Gerald P. Linder, Hillsboro, filed the brief for amicus curiae The Association of Clean Water Agencies. With him on the brief were Edward J. Sullivan and William K. Kabeiseman, Preston Gates & Ellis LLP, Portland, for amici curiae The American Planning Association and The Association of Clean Water Agencies.
Frederick A. Batson, of Gleaves Swearingen Larsen Potter Scott & Smith LLP, Eugene, filed the brief for amici curiae Betty Wiemers and Dorothy English.
Supreme Court of Oregon, En Banc.
CARSON, C.J.
In these two consolidated proceedings, plaintiffs seek to invalidate Ballot Measure 7 (2000), set out post, 334 Or. at 665-67, 56 P.3d at 905-06, an initiated amendment to the Oregon Constitution that the voters approved at the 2000 general election. The trial court agreed with plaintiffs that Measure 7 was adopted in violation of the "separate-vote" requirement of Article XVII, section 1, of the Oregon Constitution, also set out post. The...
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