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STATE EX REL. DEWBERRY v. KULONGOSKI

160323044; A124001.

187 P.3d 220 (2008)

220 Or. App. 345

STATE ex rel. Susan DEWBERRY; Carole Holcombe; Suzanne Danielson; and Arnold Buchman, Relators-Appellants, v. The Honorable Theodore R. KULONGOSKI, Governor of the State of Oregon; and other Executive Officers in the State of Oregon, Defendants-Respondents.

Court of Appeals of Oregon.

Decided June 11, 2008.

Attorney(s) appearing for the Case

Kelly Clark, Portland, argued the cause for appellants. With him on the opening brief were Kristian Roggendorf and O'Donnell & Clark LLP. With them on the reply brief was Jill Odell.

Kaye E. McDonald, Senior Assistant Attorney General, argued the cause for respondents. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Stephanie Striffler, Special Counsel to the Attorney General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

Relators appeal from a judgment dismissing their petition for an alternative writ of mandamus. They argue that the trial court erred in concluding that they failed to establish that they do not have a "plain, speedy and adequate remedy in the ordinary course of the law," ORS 34.110, and that the trial court misapplied ORCP 29 and ORS 28.110 in the present proceeding. As explained below, we agree with relators in certain respects, albeit at some points...

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