STATE EX REL. LINCOLN LOAN v. CT. OF APP.

(SC S50310).

76 P.3d 109 (2003)

336 Or. 9

STATE of Oregon, ex rel. LINCOLN LOAN COMPANY, Petitioner, v. COURT OF APPEALS of the State of Oregon, and Mary J. Deits, Chief Judge, Walter I. Edmonds, Jack L. Landau, Rick T. Haselton, Rex Armstrong, Virginia Linder, Robert Wollheim, Rives Kistler, David V. Brewer, and David Schuman, Judges, Respondents.

Supreme Court of Oregon.

Decided September 5, 2003.


Attorney(s) appearing for the Case

Steven E. Benson, Portland, filed the petition for petitioner.

No appearance contra.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, and RIGGS, Justices.


GILLETTE, J.

This is an original proceeding purporting to invoke this court's discretionary jurisdiction in quo warranto. Petitioner Lincoln Loan seeks an order of this court directing the Court of Appeals to dismiss a certain appeal now pending before it on the ground that the Legislative Assembly did not have the authority to create that court. For the reasons that follow, we decline to issue a writ of quo warranto.

The underlying facts are...

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