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STATE v. HERSHEY

(CC 17CR66503) (SC S067825).

515 P.3d 899 (2022)

370 Or. 200

STATE of Oregon, Respondent on Review, v. Kenneth Lawrence HERSHEY, Petitioner on Review. Klamath County, a political subdivision of the State of Oregon, Respondent on Review, v. Kenneth Lawrence Hershey, Petitioner on Review.

Supreme Court of Oregon.

Resubmitted January 25, 2022.

August 11, 2022.

Attorney(s) appearing for the Case

Christopher L. Cauble , Cauble, Selvig, & Whittington, LLP, Grants Pass, argued the cause and filed the brief for petitioner on review.

Kirsten M. Naito , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review State of Oregon. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

No appearance on behalf of respondent on review Klamath County.

David B. Rosengard , Animal Legal Defense Fund, Portland, filed the brief for amici curiae Animal Legal Defense Fund and Oregon Humane Society.

Before Walters, Chief Justice, and Balmer, Flynn, Duncan, Nelson, Garrett, and DeHoog, Justices.

This case involves a special statutory proceeding brought under ORS 167.347. As relevant here, that statute provides that, when an animal is being held by an animal care agency pending the outcome of a criminal action for mistreatment of the animal, a district attorney, acting on behalf of the animal care agency, may file a petition in...

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