MARKLEY v. ROSENBLUM

SC S065551 (Control) SC S065552.

413 P.3d 966 (2018)

362 Or. 531

Kyle MARKLEY and Lars Hedbor, Petitioners, v. Ellen F. ROSENBLUM, Attorney General, State of Oregon, Respondent. Trent Lutz, Petitioner, v. Ellen F. Rosenblum, Attorney General, State of Oregon, Respondent.

Supreme Court of Oregon, En Banc.

March 8, 2018.


Attorney(s) appearing for the Case

Gregory A. Chaimov , Davis Wright Tremaine LLP, Portland, filed the petition for review and reply for petitioners Markley and Hedbor.

Steven C. Berman , Stoll Stoll Berne Lokting & Shlachter, PC, Portland, filed the petition for review and reply for petitioner Lutz.

Shannon T. Reel , Assistant Attorney General, Salem, filed the answering memorandum for respondent on review. Also on the answering memorandum were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Daniel W. Meek , Portland, filed the briefs for amici curiae B. Elizabeth Trojan and Ronald A. Buel.


Two sets of petitioners have challenged the Attorney General's certified ballot title for Initiative Petition 28 (IP 28). We review the ballot title for substantial compliance with ORS 250.035(2). See ORS 250.085(5) (stating standard of review). For the reasons explained below, we conclude that the ballot title does not substantially...

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