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Kenagy v. Paulus

Oregon Supreme Court
Nov 22, 1977
570 P.2d 370 (Or. 1977)

Opinion

SC 25409

Argued October 4, 1977

Petition dismissed October 25, 1977 Petition for rehearing denied November 22, 1977

In Banc

Appeal from ballot title filed by James A. Redden, Attorney General.

Henry R. Richmond, III, Portland, argued the cause and filed a brief for petitioners.

Paul Romain, Deputy Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Al J. Laue, Solicitor General, Salem.


Petition dismissed.


HOWELL, J.

The petitioners herein challenge the ballot title relating to the proposed constitutional amendment on land use planning and zoning. In Allison v. Paulus, 280 Or. 197, 570 P.2d 368 (1977), decided this date, we approved and certified to the Secretary of State the following ballot title:

" LAND USE PLANNING, ZONING CONSTITUTIONAL AMENDMENT

"Nullifies Land Conservation Development Commission adopted planning goals, guidelines. Cities, counties must adopt comprehensive plans, have all land use regulating authority, except: Legislature must prescribe planning, zoning, notice procedures, advisory goals; may establish advisory commission, regulate statewide significant activities, regulate use in statewide concern geographic areas. Landowner injury compensation sometimes required. Voter approval required before new regional planning districts organized; actions implemented by city/county ordinances. State, local land use legislative acts subject to referendum."

We have considered petitioners' suggested ballot title. However, as we stated in Allison, after consideration of the complexity of the measure and the 75-word limitation, we believe that the above ballot title constitutes a concise and impartial statement of the purpose of the measure.

Petition dismissed.


Summaries of

Kenagy v. Paulus

Oregon Supreme Court
Nov 22, 1977
570 P.2d 370 (Or. 1977)
Case details for

Kenagy v. Paulus

Case Details

Full title:KENAGY et ux, Petitioners, v. PAULUS, Respondent

Court:Oregon Supreme Court

Date published: Nov 22, 1977

Citations

570 P.2d 370 (Or. 1977)
570 P.2d 370

Citing Cases

American Civil Liberties Union v. Paulus

Some ballot title captions for constitutional amendments have specified that the measures were constitutional…