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CARUTHERS/SYRETT v. KROGER

S057803 (Control); S057815.

222 P.3d 706 (2009)

347 Or. 411

Jerry CARUTHERS and Gail Rasmussen, Petitioners, v. John R. KROGER, Attorney General, State of Oregon, Respondent. Claire Syrett and David Fidanque, Petitioners, v. John R. Kroger, Attorney General, State of Oregon, Respondent.

Supreme Court of Oregon, En Banc.

On Petition to Review Ballot Title September 21, 2009.

Considered and Under Advisement on December 2, 2009.

Attorney(s) appearing for the Case

Thomas K. Doyle, Bennett, Hartman, Morris & Kaplan, LLP, Portland, filed the petition and the reply memorandum for petitioners Jerry Caruthers and Gail Rasmussen.

David J. Elkanich, Hinshaw & Culbertson LLP, Portland, filed the petition and the reply memorandum for petitioners Claire Syrett and David Fidanque. With him on the reply memorandum was Calon Russell.

Christina M. Hutchins, Senior Assistant Attorney General, Salem, filed the answering memorandum for respondent. With her on the answering memorandum were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

BALMER, J.

These two ballot title proceedings, which we consolidated for opinion and disposition, seek review of the Attorney General's certified ballot title for Initiative Petition 52 (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...

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