HAZELL v. BROWN

06C22473; A137397.

242 P.3d 743 (2010)

238 Or. App. 487

Bryn HAZELL, Francis Nelson, Tom Civiletti, David Delk, Gary Duell, Joan Horton, and Ken Lewis, Plaintiffs-Appellants Cross-Respondents, v. Kate BROWN, Secretary of State of the State of Oregon; and John R. Kroger, Attorney General of the State of Oregon, Defendants-Respondents Cross-Respondents, and Center to Protect Free Speech, Inc., an Oregon nonprofit corporation; and Fred Vannatta, Intervenors-Respondents Cross-Appellants.

Court of Appeals of Oregon.

Decided November 10, 2010.


Attorney(s) appearing for the Case

Daniel W. Meek , Portland, argued the cause and filed the briefs for appellants-cross-respondents Bryn Hazell, Francis Nelson, Tom Civiletti, David Delk, and Gary Duell.

Linda K. Williams , Portland, argued the cause and filed the briefs for appellants-cross-respondents Joan Horton and Ken Lewis.

Cecil A. Reniche-Smith , Assistant Attorney General, argued the cause for respondents-cross-respondents. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

John A. DiLorenzo, Jr. , Gregory A. Chaimov , and Davis Wright Tremaine LLP filed the briefs for respondents-cross-appellants.

James Nicita filed the brief amicus curiae for Elizabeth Trojan and Fair Elections Oregon.

Eric C. Winters filed the brief amicus curiae for The Better Government Project.

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


HASELTON, P.J.

This appeal, from the denial of plaintiffs' and intervenors' motions for summary judgment and allowance of defendants' cross-motion for summary judgment, centers on the validity and operation of Ballot Measure 47 (2006), now codified as a note at ORS chapter 259, which, among other things, contains various provisions limiting or prohibiting political campaign contributions and expenditures. We conclude that...

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