KERR v. BRADBURY

(CC 02C-21814; CA A121744; SC S51503).

131 P.3d 737 (2006)

340 Or. 241

Jeffrey B. KERR, Michael Kelley, and Jann Carson, Respondents on Review, v. Bill BRADBURY, Secretary of State for the State of Oregon, Petitioner on Review.

Supreme Court of Oregon.

Decided March 23, 2006.


Attorney(s) appearing for the Case

Jas. Jeffrey Adams, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Charles F. Hinkle, ACLU Foundation of Oregon, Inc., argued the cause and filed the briefs for respondents on review.

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


DE MUNIZ, C.J.

This case concerns a challenge to the Secretary of State's decision to approve an initiative petition for circulation. After both the trial court and the Court of Appeals ruled on the Secretary of State's action, the initiative petition ultimately was not certified to the ballot. As we shall explain, we conclude that the case is not justiciable, and we therefore dismiss the petition for review as moot.

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