CARUTHERS v. KROGER

(SC S057315).

213 P.3d 1251 (2009)

346 Or. 574

Jerry CARUTHERS and Larry Wolf, Petitioners, v. John R. KROGER, Attorney General, State of Oregon, Respondent.

Supreme Court of Oregon, En Banc.

Considered and Under Advisement July 1, 2009.

Decided August 6, 2009.


Attorney(s) appearing for the Case

Aruna A. Masih, Bennett, Hartman, Morris & Kaplan LLP, Portland, filed the petition and the reply memorandum for petitioners.

Erin C. Lagesen, Assistant Attorney General, Salem, filed the answering memorandum for respondent. With her on the memorandum were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Nathan R. Rietmann, Salem, filed a brief for amicus curiae Jim Greenfield.


BALMER, J.

Petitioners seek review of the Attorney General's certified ballot title for Initiative Petition 34 (2010). See ORS 250.085(2) (specifying requirements for seeking review of certified ballot title). This court reviews the certified ballot title to determine whether it substantially complies with ORS 250.035(2). See ORS 250.085(5) (stating standard of review). For the reasons explained below, we refer the ballot title to the Attorney General...

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