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BOBO v. KITZHABER

01C-15710; A120098.

89 P.3d 1189 (2004)

193 Or. App. 214

Carol BOBO, Perry Atkinson, Gary George, Robert Fulton Ekstrom, Solomon Yue, Jr., June Hartley, and Jeffrey Grossman, Appellants, v. John KITZHABER, Mike Greenfield, and the State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided April 28, 2004.

Attorney(s) appearing for the Case

Gregory W. Byrne, Portland, argued the cause and filed the briefs for appellants.

Mary H. Williams, Solicitor General, argued the cause for respondents. With her on the brief was Hardy Myers, Attorney General.

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

HASELTON, P.J.

Plaintiffs appeal the trial court's summary judgment in favor of defendants1 in this declaratory judgment action in which plaintiffs seek to have the amount of the 2001 income tax "kicker" increased by over $113 million. For the reasons set forth below, we conclude that, under a proper construction and application of ORS 291.349, plaintiffs are entitled to prevail.2 Accordingly, we reverse and...

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