346 Or 520•S057318, Opinion — Caruthers v. Kroger
Testo completo
520 On respondent's petition for reconsideration filed June 23, considered and under advisement July l,* petition for reconsideration allowed; former opinion modified and adhered to as modified; order and amended order granting petition for reconsideration, issued July 2, and July 7, respectively, withdrawn July 16, 2009 En Banc Jerry CARUTHERS and Larry Wolf, Petitioners, v, John R. KROGER, Attorney General, State of Oregon, Respondent. (SC S057318) 212 P3d 1264 Thomas K. Doyle, Bennett, Hartman, Morris & Kaplan LLP, Portland, filed the petition for review for petitioners. Douglas F. Zier, Assistant Attorney General, Salem, filed the petition for reconsideration and the answering memoran- dum for respondent. With him on the petition for reconsider- ation were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General. With him on the memorandum were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General. PERCURIAM The petition for reconsideration is allowed. The former opinion is modified and adhered to as modified. The order and the amended order granting the petition for reconsider- ation, issued on July 2, 2009, and July 7, 2009, respectively, are withdrawn. * 346 Or 300, 210 P3d 882 (2009).
Cite as 346 Or 520 (2009) 521
522 Caruthers v. Kroger PERCURIAM The state has petitioned for reconsideration of this court's opinion in Caruthers v. Kroger, 346 Or 300, 210 P3d 882 (2009). We allow the petition and modify the opinion by replacing the text of the Attorney General's certified ballot title, 346 Or at 302-03, with the following wording: "AMENDS CONSTITUTION: NEW/RENEWED PROP- ERTY TAX MEASURES EXCEEDING ONE MILLION DOLLARS ALLOWED ONLY AT NOVEMBER GENERAL ELECTION "RESULT OF 'YES' VOTE: 'Yes' vote allows new/ renewed property tax measures exceeding one million dol- lars over life of obligation to appear only on the November general election ballot. "RESULT OF 'NO' VOTE: 'No' vote retains current law allowing approval of property tax measures (value unrestricted) at May/November elections or at elections with fifty-percent voter turnout. "SUMMARY: Amends constitution. Current 'double- majority' law allows measures increasing property taxes to be approved only at election where at least fifty percent of registered voters cast ballots or at May/November elec- tions. Property tax measures raise money for local govern- ment services, including schools, law enforcement, lib- raries, parks, other uses. Measure requires proposals increasing property taxes, where the total amount of taxes expected to be levied against all subject properties for the life of the obligation exceeds one million dollars, to appear only on the November general election ballot; applies to renewal of existing property taxes. Property tax proposals for lesser amounts would remain unaffected and could appear on, and be approved at, May/November elections or at elections with fifty-percent voter turnout. Other provisions." Additionally, the sentence in the opinion that quotes the phrase " 'appear only on a general election ballot' " from the "yes" vote result statement, 346 Or at 305 is modified to read, " 'appear only on the November general election ballot.' " The petition for reconsideration is allowed. The for- mer opinion is modified and adhered to as modified. The
Cite as 346 Or 520 523 order and the amended order granting the petition for recon- sideration, issued on July 2, 2009, and July 7, 2009, respec- tively, are withdrawn.
1 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.
OCR transcription for search; preserved printed pages are authoritative
On respondent's petition for reconsideration filed June 23, considered and under advisement July 1,* petition for reconsideration allowed; former opinion modified and adhered to as modified; order and amended order granting petition for reconsideration, issued July 2, and July 7, respectively, withdrawn July 16, 2009 Jerry CARUTHERS and Larry Wolf, Petitioners, U. John R. KROGER, Attorney General, State of Oregon, Respondent. (SC S057318) 212 P3d 1264 # En Banc Thomas K. Doyle, Bennett, Hartman, Morris & Kaplan LLP, Portland, filed the petition for review for petitioners. Douglas F. Zier, Assistant Attorney General, Salem, filed the petition for reconsideration and the answering memoran- dum for respondent. With him on the petition for reconsider- ation were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General. With him on the memorandum were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General. # PER CURIAM The petition for reconsideration is allowed. The former opinion is modified and adhered to as modified. The order and the amended order granting the petition for reconsider- ation, issued on July 2, 2009, and July 7, 2009, respectively, are withdrawn. <!-- PageFooter="* 346 Or 300, 210 P3d 882 (2009)." --> <!-- PageBreak --> <!-- PageHeader="Cite as 346 Or 520 (2009)" --> <!-- PageBreak --> <!-- PageHeader="Caruthers v. Kroger" --> # PER CURIAM The state has petitioned for reconsideration of this court's opinion in Caruthers v. Kroger, 346 Or 300, 210 P3d 882 (2009). We allow the petition and modify the opinion by replacing the text of the Attorney General's certified ballot title, 346 Or at 302-03, with the following wording: "AMENDS CONSTITUTION: NEW/RENEWED PROP- ERTY TAX MEASURES EXCEEDING ONE MILLION DOLLARS ALLOWED ONLY AT NOVEMBER GENERAL ELECTION "RESULT OF 'YES' VOTE: 'Yes' vote allows new/ renewed property tax measures exceeding one million dol- lars over life of obligation to appear only on the November general election ballot. "RESULT OF 'NO' VOTE: 'No' vote retains current law allowing approval of property tax measures (value unrestricted) at May/November elections or at elections with fifty-percent voter turnout. "SUMMARY: Amends constitution. Current 'double- majority' law allows measures increasing property taxes to be approved only at election where at least fifty percent of registered voters cast ballots or at May/November elec- tions. Property tax measures raise money for local govern- ment services, including schools, law enforcement, lib- raries, parks, other uses. Measure requires proposals increasing property taxes, where the total amount of taxes expected to be levied against all subject properties for the life of the obligation exceeds one million dollars, to appear only on the November general election ballot; applies to renewal of existing property taxes. Property tax proposals for lesser amounts would remain unaffected and could appear on, and be approved at, May/November elections or at elections with fifty-percent voter turnout. Other provisions." Additionally, the sentence in the opinion that quotes the phrase "'appear only on a general election ballot' " from the "yes" vote result statement, 346 Or at 305 is modified to read, "'appear only on the November general election ballot.'" The petition for reconsideration is allowed. The for- mer opinion is modified and adhered to as modified. The <!-- PageBreak --> <!-- PageHeader="Cite as 346 Or 520 (2009)" --> order and the amended order granting the petition for recon- sideration, issued on July 2, 2009, and July 7, 2009, respec- tively, are withdrawn.
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.