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DEATHERAGE v. PERNSTEINER

080303634; A140397.

243 P.3d 865 (2010)

239 Or. App. 161

Stephanie A. DEATHERAGE, Petitioner-Respondent Cross-Appellant, v. George P. PERNSTEINER, on behalf of Oregon University System, Respondent-Appellant Cross-Respondent.

Court of Appeals of Oregon.

Decided November 24, 2010.

Attorney(s) appearing for the Case

Jamie K. Contreras , Assistant Attorney General, argued the cause for appellant-cross-respondent. With her on the briefs were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Kevin C. Brague , Tigard, argued the cause for respondent-cross-appellant. With him on the briefs was The Brague Law Firm, LLC.

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

DUNCAN, J.

Petitioner, a student at Portland State University, petitioned to be classified as an Oregon resident for tuition purposes. The State Board of Higher Education (board)—acting through the Chancellor of the Oregon University System—issued an order denying petitioner resident status. Petitioner sought judicial review of the chancellor's order in circuit court. The circuit court reversed the chancellor's order and remanded the matter to the board...

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