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WOLF v. OREGON LOTTERY COMMISSION

(CA A125420; SC S054681).

182 P.3d 180 (2008)

344 Or. 345

Larry WOLF, an Oregon elector and president of the Oregon Education Association, Varner Seaman, > Maureen Crawford and Nicholas Blosser, Respondents on Review, v. OREGON LOTTERY COMMISSION and Commissioners Kerry Tymchuk, Bruce Andrews, Stan Robson, and Richard Solomon, in their official capacities, Petitioners on Review.

Supreme Court of Oregon.

Decided March 27, 2008.

Attorney(s) appearing for the Case

Denise G. Fjordbeck, Senior Assistant Attorney General, Salem, argued the cause and filed the brief for Petitioners on Review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Margaret S. Olney, of Smith, Diamond & Olney, Portland, argued the cause and filed the brief for Respondents on Review.

Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.

GILLETTE, J.

Under Oregon law, any person dissatisfied with an administrative rule promulgated by an Oregon administrative agency may challenge the validity of that rule in an original proceeding filed in the Court of Appeals. ORS 183.400.1 This is such a case. The Oregon Lottery Commission (the Lottery), after notice and a series of hearings, promulgated a rule, former OAR 177-040-0026...

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