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WYANT v. MYERS

(S50490; S50493).

81 P.3d 692 (2003)

336 Or. 128

Debralee M. WYANT, Petitioner, v. Hardy MYERS, Attorney General, State of Oregon, Respondent, and Dr. Mark Nichols, Kitty Piercy, Nancy Bennett, and Caroline Fitchett, Intervenors. Dr. Mark Nichols, Kitty Piercy, Nancy Bennett, and Caroline Fitchett, Petitioners, v. Hardy Myers, Attorney General, State of Oregon, Respondent.

Supreme Court of Oregon, En Banc.

Decided November 28, 2003.

Attorney(s) appearing for the Case

Kelly W.G. Clark, O'Donnell & Clark, LLP, Portland, filed the petition for petitioner Wyant. With him on the petition was Kristian Roggendorf.

Katherine A. McDowell, Portland, and Jennifer E. Horan, appeared for intervenors.

Katherine A. McDowell, Portland, filed the petition for petitioners Nichols, Piercy, Bennett, and Fitchett. With her on the petition was Jennifer E. Horan.

Judy C. Lucas, Assistant Attorney General, Salem, filed the answering memorandum for respondent. With her on the answering memorandum were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

DURHAM, J.

In this consolidated ballot title proceeding under ORS 250.085(2), petitioners contend that the Attorney General's ballot title regarding Initiative Petition 40 (2004) does not comply substantially with the requirements of ORS 250.035.1 See ORS 250.085(5) (describing that standard for judicial review of ballot title). Initiative Petition 40, if adopted, would amend ORS 677.097, which now requires a physician or podiatric...

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