HANDY v. LANE COUNTY

CC 161213685; SC S063725.

385 P.3d 1016 (2016)

360 Or. 605

Rob HANDY, Respondent on Review, v. LANE COUNTY, Jay Bozievich, Sid Leiken and Faye Stewart, Petitioners on Review.

Supreme Court of Oregon.

November 25, 2016.


Attorney(s) appearing for the Case

Stephen E. Dingle, Office of Lane County Counsel, Eugene, argued the cause and filed the briefs for petitioners on review.

Marianne Dugan, Eugene, argued the cause and filed the brief for respondent on review. Also on the brief was Daniel Galpern, Eugene.

Harry Auerbach, Portland Office of City Attorney, argued the cause for amici curiae Association of Oregon Counties, League of Oregon Cities, City of Portland, and Washington County. Sean O'Day, League of Oregon Cities, Salem, filed the brief. Also on the brief were Rob Bovett, Association of Oregon Counties, Katherine Thomas, Office of Multnomah County Attorney, Harry Auerbach, Portland Office of City Attorney, and Alan A. Rappleyea, Washington County Counsel.

Keith M. Garza, Law Office of Keith M. Garza, Oak Grove, filed the brief for amicus curiae Tri-County Metropolitan Transit District of Oregon. Also on the brief was Erik Van Hagen, TriMet.

Alan A. Rappleyea, Washington County Counsel, Hillsboro, filed the brief for amicus curiae Washington County.

Jack L. Orchard, Ball Janik, LLP, Portland, filed the brief for amici curiae Oregon Newspaper Publishers Association, Albany Democrat-Herald, Beaverton Valley-Times, Canby Herald, Central Oregonian, Corvallis Gazette-Times, Eugene Register-Guard, Forest Grove News-Times, Gresham Outlook, Hood River News, Lake Oswego Review, Lebanon Express, Madras Pioneer, McMinnville News-Register, The Oregonian, Polk County Itemizer-Observer, Portland Tribune, The Dalles Chronicle, Tigard and Tualatin Times, Wilsonville Spokesman, and Woodburn Independent. Also on the brief was Amy Heverly.

En Banc.


KISTLER, J.

Oregon's public meetings law provides that a quorum of a public entity's governing body "may not meet in private for the purpose of deciding on or deliberating toward a decision." ORS 192.630(2). Plaintiff filed this action claiming, among other things, that a quorum of the Lane County commissioners had violated that provision by engaging in a series of private communications to decide whether to comply with a public records request...

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