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McCORMICK v. KROGER/DEVLIN

SC S057931 (Control), S057932.

220 P.3d 412 (2009)

347 Or. 293

Pat McCORMICK and Sharon Livingston, Petitioners, v. John KROGER, Attorney General of the State of Oregon, Respondent. Pat McCormick and Sharon Livingston, Petitioners, v. Senator Richard Devlin, Senator Chris Telfer, Senator Diane Rosenbaum, Representative Arnie Roblan, Representative Vicki Berger, Representative Chris Garrett, and Kate Brown, Secretary of State of the State of Oregon, Respondents.

Supreme Court of Oregon, En Banc.

Considered and Under Advisement November 5, 2009.

Decided November 13, 2009.

Attorney(s) appearing for the Case

Gregory A. Chaimov and John A. DiLorenzo, Jr., Davis Wright Tremaine LLP, Portland, filed the petitions and reply memoranda for petitioners.

Paul S. Cosgrove, Lindsay, Hart, Neil & Weigler LLP, Portland, filed the brief for respondents Senator Chris Telfer and Representative Vicki Berger.

Erin C. Lagesen, Assistant Attorney General, Salem, filed the answering memoranda for respondents John R. Kroger, Kate Brown, Senator Richard Devlin, Senator Diane Rosenbaum, Representative Arnie Roblan, and Representative Chris Garrett. With her on the answering memoranda were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Steven C. Berman, Portland, filed the memorandum for amici curiae Steve Novick and Defend Oregon—Yes for Tax Fairness.

DURHAM, J.

Petitioners have filed separate petitions in this court seeking review of the ballot title and of the explanatory statement for Referendum No. 301 (2010), which the Secretary of State has denominated as Ballot Measure 66.1 We consolidate the petitions for purposes of this opinion.

Ballot Measure 66 results from a referendum of House Bill (HB) 2649 (2009), which increased certain personal income taxes effective for the...

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