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CARLEY/TOWERS v. MYERS

(SC S53115; S53116).

132 P.3d 651 (2006)

340 Or. 222

Margaret Murphy CARLEY and Pat McCormick, Petitioners, v. Hardy MYERS, Attorney General, State of Oregon, Respondent. Art Towers, Petitioner, v. Hardy Myers, Attorney General, State of Oregon, Respondent.

Supreme Court of Oregon.

Decided March 22, 2006.

Attorney(s) appearing for the Case

John A. DiLorenzo, Jr., and Gregory A. Chaimov, of Davis Wright Tremaine LLP, Portland, filed the petition for petitioners Margaret Murphy Carley and Pat McCormick.

Steven C. Berman, of Stoll Stoll Berne Lokting & Schlachter, P.C., Portland, filed the petition for petitioner Art Towers.

Michael C. Livingston, Assistant Attorney General, Salem, filed the answering memorandum for respondent. With him on the answering memorandum were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before De MUNIZ, Chief Justice, CARSON, GILLETTE, DURHAM, RIGGS, and BALMER, Justices.

DURHAM, J.

This case involves two petitions that seek review of a ballot title under ORS 250.085(2). The Attorney General has certified the ballot title for a proposed initiative measure that the Secretary of State has denominated as Initiative Petition No. 105 (2006). The proposed measure, if approved by the voters, would enact certain nursing staff requirements for a "nursing home," a term that the measure specially defines.

All petitioners submitted written...

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