LANE COUNTY SCHOOL DIST. 4J v. OSAA

5810210042; A132577.

157 P.3d 1241 (2007)

212 Or. App. 373

LANE COUNTY SCHOOL DISTRICT 4J, Jackson County School District 549C, and Marion County School District 24J, Petitioners, v. OREGON SCHOOL ACTIVITIES ASSOCIATION, Respondent, and Superintendent of Public Instruction, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided May 2, 2007.


Attorney(s) appearing for the Case

Joel S. DeVore, Eugene, and Timothy Gerking, Medford, argued the cause for petitioners Lane County School District 4J and Jackson County School District 549C. With them on the joint briefs were Luvaas Cobb and Brophy Mills Schmor Gerking.

Paul A. Dakopolos, Salem, argued the cause for petitioner Marion County School District 24J. With him on the briefs were J. Kevin Shuba and Matthew T. Racine.

Jonathan M. Radmacher, Portland, argued the cause for respondent. With him on the brief was McEwen Gisvold, LLP.

Richard D. Wasserman, Attorney-In-Charge, Civil/Administrative Appeals Unit, argued the cause for intervenor-respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Rolf C. Moan, Assistant Attorney General.

Before HASELTON, Presiding Judge, and EDMONDS and LANDAU, Judges.


HASELTON, P.J.

Petitioners, three of Oregon's largest school districts, challenged a plan adopted by the Oregon School Activities Association (OSAA) in October 2006 that (1) increased the number of classifications for interscholastic competitions from four to six and (2) substantially modified the membership of districts (leagues) within those classifications. In particular, petitioners contended that the plan as a whole was invalid because OSAA, in creating the plan...

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