Caruthers v. Kroger , 346 Or. 520 ( 2009 )

FILED: July 16, 2009

IN THE SUPREME COURT OF THE STATE OF OREGON

JERRY CARUTHERS
and LARRY WOLF,

Petitioners,

v.

JOHN R. KROGER,
Attorney General,
State of Oregon,

Respondent.

(SC S057318)

En Banc

On respondent's petition for reconsideration filed June 23, 2009, considered and under advisement July 1, 2009.*

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 memorandum for respondent.  With him on the petition for reconsideration 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amended order granting the petition for reconsideration, issued on July 2, 2009, and July 7, 2009, respectively, are withdrawn.

*346 Or 300, ___ P3d ___ (2009).

PER CURIAM

The state has petitioned for reconsideration of this court's opinion in Caruthers v. Kroger, 346 Or 300, ___ P3d ___ (2009).  We allow the petition and modify the opinion by replacing the text of the Attorney General's certified ballot title, ___ Or at ___ (slip op at 1-2), with the following wording:

"AMENDS CONSTITUTION: NEW/RENEWED PROPERTY TAX MEASURESEXCEEDING ONE MILLION DOLLARS ALLOWED ONLY AT NOVEMBER GENERAL ELECTION

"RESULT OF 'YES' VOTE: 'Yes' vote allows new/renewed property tax measures exceeding one million dollars 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 elections.  Property tax measures raise money for local government services, including schools, law enforcement, libraries, 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, ___ Or at ___ (slip op at 4) is modified to read, "'appear only on the November general election ballot.'"

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 reconsideration, issued on July 2, 2009, and July 7, 2009, respectively, are withdrawn.

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