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HIGGINS v. DMV

(60486; CA A96871; SC S48149).

72 P.3d 628 (2003)

335 Or. 481

In the Matter of the Denial of the Application for the Custom Plates "Wine" "Invino" "Vino" of Michael Paul HIGGINS, Petitioner on Review, v. DRIVER AND MOTOR VEHICLE SERVICES BRANCH (DMV), Respondent on Review.

Supreme Court of Oregon.

Decided July 3, 2003.

Attorney(s) appearing for the Case

Edmund J. Spinney, American Civil Liberties Union Foundation of Oregon, Springfield, argued the cause and filed the briefs for petitioner on review.

Mary H. Williams, Assistant Solicitor General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

DURHAM, J.

Petitioner seeks review of a final order issued by an administrative law judge on behalf of the Oregon Department of Transportation, Driver and Motor Vehicle Services Branch (DMV).1 The order affirmed the decision of DMV to deny issuance of customized vehicle registration plates to petitioner because the configuration of characters that he requested, "WINE," "INVINO," and "VINO," violated an administrative rule prohibiting references...

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