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REMINGTON v. ROBERTS

SC S36981.

789 P.2d 662 (1990)

309 Or. 642

Stevie REMINGTON and the American Civil Liberties Union of Oregon, Inc., Petitioners, v. Barbara ROBERTS, Secretary of State, Respondent.

Supreme Court of Oregon, In Banc.

Decided April 3, 1990.

Reconsideration Denied April 18, 1990.

Attorney(s) appearing for the Case

Rex Armstrong, Portland, filed the petition for petitioners. With him on the petition was Bogle and Gates, Portland.

Janet A. Metcalf, Asst. Atty. Gen., Salem, filed the motion to dismiss and motion to hold further proceedings in abeyance until the court rules on motion to dismiss. With her on the motion were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

PER CURIAM.

This is an original proceeding to review a certified ballot title for a proposed initiative measure to amend the Oregon Constitution.

Respondent Secretary of State has moved to dismiss the petition on the ground that petitioners lack standing to challenge the certified ballot title because they did not timely submit written comments on the Attorney General's draft ballot title. Respondent relies on ORS 250.085(2), which provides:

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