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· 2/21/2006

MacPherson v. Department of Administrative Services

Citations

  • 130 P.3d 308
  • 340 Or. 117
  • 2006 Ore. LEXIS 104
  • 2006 WL 433953

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the court “consistently has rejected challenges to statutes under Article I, section 20, when the statutes themselves have created the alleged classes”
  • noting that, generally, Oregon courts analyze state constitutional challenges before turning to any federal constitutional challenges
  • explaining that, to prevail on facial due process challenge to statute, the plaintiffs were required to show that the statute “affirmatively permits the government to deprive plaintiffs of their property without affording procedural due process”
  • “In Oregon, the Legislative Assembly and the people, acting through the initiative or referendum processes, share in exercising legislative power.”
  • in a facial challenge, petitioner must show that the challenged provision cannot be lawfully applied under any circumstance
  • state legislature has plenary power to enact statutes unless limited by the state constitution or federal law

Source: CourtListener parenthetical corpus (CC0).

Judges: De Muniz

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.