PENDELTON SCHOOL DIST. v. STATE

(CC 0603-02980; CA A133649; SC S056096).

200 P.3d 133 (2009)

345 Or. 596

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, v. STATE of Oregon, Defendant-Respondent, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided January 23, 2009.


Attorney(s) appearing for the Case

James N. Westwood, Stoel Rives LLP, Portland, argued the cause for petitioners on review. With him on the brief was Robert D. Van Brocklin.

Jeff J. Payne, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Michael T. Garone, and Sara Kobak, Schwabe, Williamson & Wyatt, P.C., Portland, filed a brief on behalf of amicus curiae Oregon Business Association.

Maureen Leonard and Charles R. Williamson, Portland, filed a brief on behalf of amicus curiae Education Justice at Education Law Center.

Rebekah R. Cook, filed a brief on behalf of amicus curiae Oregon School Boards Association.


DE MUNIZ, C.J.

Plaintiffs in this case are 18 school districts and seven public school students. They filed this action against the State of Oregon, seeking a declaratory judgment that Article VIII, section 8, of the Oregon Constitution requires that the legislature fund the Oregon public school system at a level sufficient to meet certain quality educational goals established by law and a mandatory injunction directing the legislature to appropriate the necessary...

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