POWELL v. BUNN

0104-03557; A117310.

108 P.3d 37 (2005)

198 Or. App. 21

Nancy POWELL, Individually and as Guardian Ad Litem for Remington Powell, Respondents-Cross-Appellants, v. Stan BUNN, Superintendent of Public Instruction, Oregon Department of Education, and Portland Public School District No. 1J, Appellants-Cross-Respondents.

Court of Appeals of Oregon, En Banc.

Resubmitted February 9, 2005.

Decided March 2, 2005.


Attorney(s) appearing for the Case

Janet A. Metcalf, Assistant Attorney General, argued the cause for appellants-cross-respondents Stan Bunn and Oregon Department of Education. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

William H. Walters, Portland, argued the cause for appellant-cross-respondent Portland Public School District No. 1J. With him on the briefs were Jeffrey D. Austin and Miller Nash LLP.

Charles F. Hinkle, Portland, argued the cause for respondents-cross-appellants. On the opening brief were Kenneth A. Wittenberg and Wittenberg & Pitzer, LLP. On the reply brief was Charles F. Hinkle.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, SCHUMAN, and ORTEGA, Judges.


Resubmitted En Banc February 9, 2005.

BREWER, C.J.

The state Superintendent of Public Instruction, the Oregon Department of Education, and the Portland Public School District (respondents)1 appeal from the trial court's decision in this action for judicial review of a final order that the superintendent issued in other than a contested case. ORS 183.484. The superintendent declined to proceed further on petitioners' complaint of...

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