WHEATON v. KULONGOSKI

0301-01063; A122863.

147 P.3d 1163 (2006)

209 Or. App. 355

Robert WHEATON, William Leissner, Bernieta Sherman, Martha Katz, Carla Howard, Tabor Porter and Oregon Advocacy Center, Appellants, v. Ted KULONGOSKI, individually, Defendant, and Ted Kulongoski, in his official capacity as Governor of the State of Oregon, Jean Thorne, in her official capacity as Director of the Oregon Department of Human Services and Oregon Department of Human Services, Respondents.

Court of Appeals of Oregon, En Banc.

Resubmitted August 9, 2006.

Decided November 29, 2006.


Attorney(s) appearing for the Case

Karen Berkowitz argued the cause for appellants. With her on the opening brief were Leslie Kay, Julia Olsen, Kit Morgan and Legal Aid Services of Oregon, and Spencer M. Neal, Portland, and Oregon Law Center, and Steven Goldberg and Goldberg, Mechanic, Stuart & Gibson LLP. With her on the reply brief were Oregon Law Center and Julia S. Olsen, Hillsboro, and Legal Aid Services of Oregon.

Erika L. Hadlock, Assistant Solicitor General, argued the cause for respondents. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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


Resubmitted En Banc August 9, 2006.

LINDER, P.J.

Petitioners are individuals who received benefits under the state's "medically needy" program, which is administered by the Department of Human Services (DHS). In late 2002, in response to budget cuts, DHS decided not to allocate funds to the program and to terminate it. DHS issued notices to petitioners advising them that their benefits under the medically needy program would be terminated, effective February...

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