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Smith v. Oregon State Dept. of Corrections

Oregon Court of Appeals
Feb 19, 1991
796 P.2d 1255 (Or. Ct. App. 1991)

Opinion

CA A60911

Submitted on record and briefs June 22, 1990

Rules held valid September 12, 1990 Reconsideration denied January 30, 1990 Petition for review denied February 19, 1991

Judicial Review of Administrative Rules.

Arlen Porter Smith, Ernest LeRoy Smith, Francis Rothauge, Philip McClure, Randell Brown, William Kennedy, Donald Sager, Kerry DiSorbo, Frank Swede Davidson, and Gilbert Lane, Salem, filed the brief pro sese for petitioners.

Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Robert M. Atkinson, Assistant Attorney General, Salem, filed the brief for respondent.

Before Richardson, Presiding Judge, and Joseph, Chief Judge, and Deits, Judge.


PER CURIAM

Rules held valid.


To the extent that petitioners challenge the rulemaking process, the authority for the rules and the implementation of the rules, the issues in this case are resolved by Clark v. Schumacher, 103 Or. App. 1, 795 P.2d 1093 (1990). None of the other purported issues has any merit, and they do not require discussion.

Rules held valid.


Summaries of

Smith v. Oregon State Dept. of Corrections

Oregon Court of Appeals
Feb 19, 1991
796 P.2d 1255 (Or. Ct. App. 1991)
Case details for

Smith v. Oregon State Dept. of Corrections

Case Details

Full title:Arlen Porter SMITH, Ernest Leroy Smith, Francis Rothauge, Philip McClure…

Court:Oregon Court of Appeals

Date published: Feb 19, 1991

Citations

796 P.2d 1255 (Or. Ct. App. 1991)
796 P.2d 1255