LINT v. KITZHABER

00C-19878; A115401.

72 P.3d 967 (2003)

188 Or. App. 526

LINCOLN INTERAGENCY NARCOTICS TEAM (LINT), a law enforcement agency created by intergovernmental agreement, Appellant, and Lincoln County, a political subdivision of the State of Oregon, Plaintiff, and Animal Legal Defense Fund, Oregon Humane Society, Humane Society of the Willamette Valley, Stephan K. Otto, Sharon M. Harmon, and Wayne S. Geiger, Intervenors-Appellants, v. John D. KITZHABER, M.D., Governor of the State of Oregon, Bill Bradbury, Oregon Secretary of State, and the State of Oregon, Respondents, and Ray Heslep and Sandra Adamson, Intervenors-Respondents.

Court of Appeals of Oregon.

Decided July 9, 2003.


Attorney(s) appearing for the Case

Rob Bovett argued the cause and filed the briefs for appellant Lincoln Interagency Narcotics Team.

B. Carlton Grew, Salem, argued the cause and filed the briefs for intervenors-appellants Animal Legal Defense Fund, Oregon Humane Society, Humane Society of the Willamette Valley, Stephan K. Otto, Sharon M. Harmon, and Wayne S. Geiger.

Mary H. Williams, Solicitor General, argued the cause for respondents John D. Kitzhaber, M.D., Bill Bradbury, and State of Oregon. With her on the brief was Hardy Myers, Attorney General.

Eli D. Stutsman, Portland, argued the cause and filed the brief for intervenors-respondents Ray Heslep and Sandra Adamson.

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


BREWER, J.

Plaintiffs brought this action under the Uniform Declaratory Judgments Act, ORS 28.010—28.160, challenging the constitutionality of Ballot Measure 3 (2000) (Measure 3 or Oregon Property Protection Act).1 Measure 3 added section 10 to Article XV of the Oregon Constitution. Section 10 consists of 12 subsections. Plaintiffs argued that Measure 3 contains two or more constitutional amendments that should have been voted on...

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