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GIROD v. KROGER

SC S059713.

268 P.3d 562 (2011)

351 Or. 389

Fred GIROD, Rod Monroe, David Schamp, Cary Johnson, Hobart B. Kytr, and Steven Ernest Fick, Petitioners, v. John R. KROGER, Attorney General, State of Oregon, Respondent.

Supreme Court of Oregon, En Banc.

Considered and Under Advisement November 2, 2011.

Decided December 8, 2011.

Attorney(s) appearing for the Case

Gregory A. Chaimov , Davis Wright Tremaine LLP, Portland, filed the petition and reply memorandum for petitioners Girod, Monroe, and Schamp.

James M. Brown , Portland, filed the petition and reply memorandum for petitioner Johnson.

Hobart B. Kytr , pro se, filed the petition and reply memorandum for himself.

Thomas V. Dulcich and Sara Kobak , Schwabe, Williamson & Wyatt P.C., Portland, filed the petition and reply memorandum for petitioner Fick.

Jeff J. Payne , Assistant Attorney General, Salem, filed the answering memorandum for respondent. With him on the memorandum were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Robert C. Lothrop and John C. Piatt , Portland, filed the brief for amicus curiae Columbia River Inter-Tribal Fish Commission.

LANDAU, J.

Petitioners seek review of the Attorney General's certified ballot title for Initiative Petition 21 (2012), arguing that the ballot title does not satisfy the requirements of ORS 250.035(2). We review a certified ballot title to determine whether it substantially complies with those statutory requirements. See ORS 250.085(5) (stating standard of review). For the reasons that follow, we refer the ballot title to the Attorney General for modification...

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