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STATE EX REL. SMITH v. HITT

A161069.

424 P.3d 749 (2018)

291 Or.App. 750

STATE EX REL. Norm SMITH; Lynn Herbert; Andy Owens, Sr.; Elin Miller; Dotty Randall Stapleton; Keith Tymchuk; Chuck Ireland; Georgia Stiles; Bill Markham; and Susan Morgan, Relators-Respondents, v. Patricia HITT, in her official capacity as Douglas County Clerk, Defendant-Respondent, and John Parker, Intervenor-Appellant.

Court of Appeals of Oregon.

May 16, 2018.

Attorney(s) appearing for the Case

James L. Buchal , Portland, argued the cause for appellant. With him on the briefs was Murphy & Buchal, LLP.

William F. Gary , Eugene, argued the cause and filed the brief for respondents State ex rel. Norm Smith, Lynn Herbert, Andy Owens, Sr., Elin Miller, Dotty Randall Stapleton, Keith Tymchuk, Chuck Ireland, Georgia Stiles, Bill Markham, and Susan Morgan.

No appearance for respondent Patricia Hitt.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

By initiative petition, the voters of Douglas County enacted a county ordinance that limits the number of consecutive terms that Douglas County commissioners are permitted to serve. Morgan, an incumbent Douglas County commissioner, sought re-election despite being disqualified from re-election by the ordinance. Relators, who include...

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