NAKASHIMA v. BOARD OF EDUCATION

581-021-0034-4-00; A123878.

131 P.3d 749 (2006)

204 Or. App. 535

Anthony NAKASHIMA, Greg Nakashima, Esther Nakashima, Jonny Long, Lee Long, Sue Long, Loren Larry, Violet Larry, Josh Linfoot, Becky Harvey, Taylor Lewis, Carlene Lewis, Andrew Bailey, and Susie Bailey, Petitioners, v. BOARD OF EDUCATION and Oregon School Activities Association, Respondents.

Court of Appeals of Oregon.

Decide March 15, 2006.


Attorney(s) appearing for the Case

Charles F. Hinkle argued the cause for petitioners. With him on the briefs was ACLU Foundation of Oregon.

Janet A. Metcalf, Assistant Attorney General, argued the cause for respondent Board of Education. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jonathan M. Radmacher, Portland, argued the cause for respondent Oregon School Activities Association. With him on the brief was McEwen Gisvold, LLP.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.


LANDAU, P.J.

This case is before us for the second time. In Montgomery v. Board of Education, 188 Or.App. 63, 71 P.3d 94 (2003), petitioners sought review of a decision of respondent Board of Education (the board) concluding that respondent Oregon School Activities Association (OSAA) did not unlawfully discriminate when it declined to adjust the schedule of the Class 2A Oregon State High...

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