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LINN COUNTY v. BROWN

(CC 16CV17209) (SC S066856).

461 P.3d 966 (2020)

366 Or. 334

LINN COUNTY, Douglas County, and Yamhill County, each a local government of the State of Oregon, Petitioners on Review, and Jefferson County et al., Plaintiffs, v. Kate BROWN, in her official capacity as Governor of the State of Oregon; and Val Hoyle, in her official capacity as Commissioner of the Oregon Bureau of Labor and Industries, Respondents on Review.

Supreme Court of Oregon, En Banc.

April 23, 2020.

Attorney(s) appearing for the Case

Sharon A. Rudnick , Harrang Long Gary Rudnick PC., Portland, argued the cause and filed the briefs for petitioners on review. Also on the briefs were Susan Marmaduke , Portland, and William F. Gary , Portland.

Michael A. Casper , Assistant Attorney General, Salem, argued the cause and filed the brief for respondents on review. Also on the brief were Ellen Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Steven C. Berman , Stoll Stoll Berne Lokting & Shlachter PC, Portland, filed the brief for amicus curiae Family Forward Oregon.

Ross M. Williamson , Local Government Law Group PC, Eugene, filed the brief for amici curiae Association of Oregon Counties, League of Oregon Cities, and Special Districts Association of Oregon.

This case requires us to decide whether three counties are exempt from the requirements of Oregon's paid sick leave law under the unfunded programs provision of the Oregon Constitution, Article XI, section 15. We conclude that the paid sick leave law does not require local governments to implement a "program" under that provision and...

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