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PENDLETON SCHOOL DIST. v. STATE OF OREGON

060302980; A133649.

185 P.3d 471 (2008)

220 Or. App. 56

PENDLETON SCHOOL DISTRICT 16R; Eugene School District 4J; Crow-Applegate-Lorane School District 66; Coos Bay School District 9; Corvallis School District 509J; Josephine County Unit/Three Rivers School District; Astoria School District 1C; Creswell School District; Lincoln County School District; Siuslaw School District 97J; Centennial School District; Amity School District 4J; Reynolds School District # 7; Coquille School District # 8; Parkrose School District # 3; Pine Eagle School District # 61; Jefferson School District; McKenzie School District; Alexandra Kiesling and Timothy Kiesling, minors, by Amy Cuddy, their guardian ad litem; Grace Peyerwold, a minor, by David and Maria Peyerwold, her guardians ad litem; Marshall Taunton and Harrison Taunton, minors, by Tim and Wendy Taunton, their guardians ad litem; and Benjamin Sherman and Claire Sherman, minors, by Larry Sherman and Diane Nichol, their guardians ad litem, Plaintiffs-Appellants, v. STATE of Oregon, Defendant-Respondent.

Court of Appeals of Oregon.

July 19, 2007.

July 31, 2007.

Decided May 14, 2008.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellants. With him on the briefs and response to motion were Robin Beck Skarstad, Robert D. Van Brocklin, and Stoel Rives LLP. On the opening briefs was David H. Angeli.

Robert M. Atkinson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, Charles Fletcher, Assistant Attorney General, and Katherine Georges, Assistant Attorney General. With him on the motion were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.

On Respondent's Motion to Determine Jurisdiction and Notice of Probable Mootness July 19, 2007.

Appellants' Response to Motion to Determine Jurisdiction and Notice of Probable Mootness July 31, 2007.

LANDAU, P.J.

Article VIII, section 3, of the Oregon Constitution obligates the legislature to "provide by law for the establishment of a uniform, and general system of Common schools." Article VIII, section 8(1), of the Oregon Constitution further provides...

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