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FOSTER v. CLARK

TC 9002-01034; SC S36962.

790 P.2d 1 (1990)

309 Or. 464

Bernard V. FOSTER, and Carolyn M. Leonard, Plaintiffs-Respondents, v. Barbara CLARK, Auditor, City of Portland, Vicki K. Ervin, Director of Elections, Multnomah County, Defendants-Respondents. v. Citizens for Union Avenue, a Registered Political Action Committee; Norman L. Haugen, Rosalie E. Huss and Louis E. Watson, Chief Petitioners of Initiative Petition Asking: "Shall Martin Luther King, Jr. Boulevard Be Renamed Union Avenue?," and John Baxter, Treasurer, Citizens for Union Avenue, On Behalf of Themselves and All Legal Voters, Residents and Taxpayers of the City of Portland, Oregon, Defendants-Intervenors-Appellants.

Supreme Court of Oregon.

Decided March 21, 1990.

Reconsideration Denied April 18, 1990.

Attorney(s) appearing for the Case

Henry Kane, Beaverton, argued the cause and filed the briefs on behalf of defendants-intervenors-appellants.

Lawrence Matasar, Portland, argued the cause on behalf of plaintiffs-respondents. With him on the brief was Hoffman, Matasar & Glaeser, Portland.

No appearance for defendants-respondents.

Gregory L. Gudger, Portland, filed a brief on behalf of amicus curiae Association of Oregon Black Lawyers.

Greg Wasson, Salem, filed a brief on behalf of amicus curiae Greg Wasson.

Before PETERSON, C.J., CARSON, P.J., and JONES, GILLETTE, VAN HOOMISSEN, FADELEY, and UNIS, JJ.

GILLETTE, Justice.

The appeal before us concerns the renaming of a principal north-south thoroughfare in east Portland. The street, long known as Union Avenue, was renamed "Martin Luther King, Jr., Boulevard" by a Portland City Council ordinance passed on April 20, 1989. Thereafter, a group of Portland residents circulated and obtained sufficient signatures to have placed on the May 15, 1990, primary ballot a proposed measure submitting to the voters the following...

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