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CARUSO v. YAMHILL COUNTY EX REL. COUNTY COM'R

No. 04-35155.

422 F.3d 848 (2005)

Michael CARUSO, Plaintiff-Appellee, v. YAMHILL COUNTY, an Oregon municipal corporation, by and through its COUNTY COMMISSIONER, Defendant, and State of Oregon, Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2005.

Attorney(s) appearing for the Case

Stephen K. Bushong, Oregon Department of Justice, Salem, OR, for the intervenor-appellant.

Daniel W. Meek, Portland, OR, for the plaintiff-appellee.

Before: HUG, TASHIMA, and CLIFTON, Circuit Judges.

CLIFTON, Circuit Judge:

The State of Oregon appeals a district court order declaring Or.Rev.Stat. § 280.070(4)(a) unconstitutional and permanently limiting its enforcement. Section 280.070(4)(a) requires that ballots for initiatives proposing local option taxes include a statement: "This measure may cause property taxes to increase more than three percent." The district court deemed this requirement constitutionally infirm, concluding that inclusion of the "three...

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