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McCALL v. KULONGOSKI

CC Nos. 00C-19871, 00C-20156; CA A124384; SC S51960.

118 P.3d 256 (2005)

Audrey McCALL; Hector McPherson; Michael E. Swaim; James Lewis and Mark Tipperman, Respondents on Review, v. Theodore R. KULONGOSKI; Bill Bradbury and The State of Oregon and its political subdivisions, Petitioners on Review, and Stuart Miller, Intervenor-below. League of Oregon Cities; Benton County; City of Beaverton; City of Eugene; Junction City; City of Veneta; Bev Stein; Vera Katz; Multnomah County; City of Portland and Washington County, Plaintiffs below, v. State of Oregon; Theodore R. Kulongoski and Bill Bradbury, Defendants below.

Supreme Court of Oregon, En Banc.

Decided August 18, 2005.

Attorney(s) appearing for the Case

Mary H. Williams, Solicitor General, Salem, argued the cause for petitioners on review. With her on the briefs was Hardy Myers, Attorney General.

Thomas M. Christ, of Cosgrave Verger Kester LLP, Portland, argued the cause for respondents on review. With him on the briefs was Thomas W. Brown.

Megan A. Flynn, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

DE MUNIZ, J.

This case involves the appellate jurisdiction of the Court of Appeals. As petitioner on review, the State of Oregon1 (state) seeks reversal of a Court of Appeals order dismissing the state's appeal in this matter.2 For the reasons that follow, we affirm the Court of Appeals order.

The facts are undisputed. In 2004, plaintiffs McCall, McPherson, Swaim, Lewis, and Tipperman (plaintiffs) sought...

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