LINCOLN LOAN CO. v. CITY OF PORTLAND

(CC 0307-07891; CA A124756; SC S51666).

136 P.3d 1 (2006)

340 Or. 613

LINCOLN LOAN COMPANY, an Oregon corporation, Petitioner on Review, v. The CITY OF PORTLAND, a municipal corporation, Respondent on Review, and State of Oregon, Intervenor-Respondent on Review.

Supreme Court of Oregon.

Decided May 25, 2006.


Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., of Greene & Markley, P.C., Portland, argued the cause and filed the briefs for petitioner on review. With him on the briefs was Steven E. Benson, Portland.

Harry M. Auerbach, Senior Deputy City Attorney, Portland, argued the cause for respondent on review.

Mary H. Williams, Solicitor General, Salem, argued the cause for intervenor-respondent on review State of Oregon.

Thomas M. Christ, Portland, filed an amicus brief for himself.

Before CARSON, C.J., GILLETTE, DURHAM, RIGGS, BALMER, and KISTLER, JJ.


BALMER, J.

In this declaratory judgment action, plaintiff challenges the constitutionality of the procedure by which the voters adopted Article VII (Amended) of the Oregon Constitution in 1910. For the reasons that follow, we conclude that plaintiff may not challenge that procedure in this case. Accordingly, we affirm the circuit court's judgment in favor of defendant.

The issue arises in prosaic circumstances. In 1995, plaintiff Lincoln Loan obtained a money...

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