DOELL v. MYERS (1998)

Supreme Court of Oregon.

Steve DOELL, Petitioner, v. Hardy MYERS, Attorney General, State of Oregon, Respondent.

SC S45061.

Decided: May 14, 1998

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, DURHAM, KULONGOSKI and LEESON, JJ.

John A. Bennett, of Bullivant, Houser, Bailey, Pendergrass & Hoffman, P.C., Portland, argued the cause and filed the petition for petitioner. John T. Bagg, Assistant Attorney General, Salem, argued the cause and filed the answering memorandum for respondent. With him on the answering memorandum were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

MEMORANDUM OPINION.

This is a proceeding for judicial review of a ballot title certified by the Attorney General for a proposed initiative measure. See ORS 250.085 (providing procedure for judicial review of ballot title). The parties agree that notice of petitioner's challenge to the Attorney General's certified ballot title was not given to the Secretary of State within the time provided in ORS 250.085(4). This court therefore has no authority to review the ballot title, and the petition must be dismissed. Sizemore v. Myers, 327 Or. 71, 957 P.2d 577 (1998).

Petition for judicial review of ballot title dismissed.¹

FOOTNOTES

1. In light of this court's dismissal of this case, the Attorney General's motion to dismiss is moot.

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