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IN THE SUPREME COURT OF THE STATE OF OREGON

STATE ex rel SUSAN DEWBERRY, CAROLE HOLCOMBE, SUZANNE DANIELSON and ARNOLD BUCHMAN,

Plaintiffs/Relators
 Case No. S50724
v.
THE HONORABLE THEODORE R. KULONGOSKI, Governor of the STATE OF OREGON, and Other Executive OFFICERS in the STATE OF OREGON,

Defendants.

PLAINTIFFS-RELATORS' PETITION FOR ALTERNATIVE WRIT OF MANDAMUS AND REQUEST FOR STAY

William H. Sherlock, OSB #90381
Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C.
777 High Street, Eugene, OR 97401
(541) 686-9160
Of Attorneys for Plaintiff/Realtors

E. Bradley Litchfield, OSB #99311
Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C.
777 High Street, Suite 200
Eugene, OR 97401
(541) 686-9160
Of Attorneys for Plaintiff/Realtors
 The Honorable Theodore R. Kulongoski
Governor
900 Court Street, NE
Suite 200 Salem, OR 97301-4047
(503) 378-3111
Defendant

State of Oregon Attorney General
Justice Department
Solicitor General
400 Justice Building
Salem, OR 97310
(503) 378-4402
Defendants

I. INTRODUCTION
Plaintiffs-Relators seek to vindicate the structure of government in the State of Oregon. The Governor of Oregon violated the Oregon Constitution when he executed an agreement relating to tribal casino gambling in the
Florence, Oregon vicinity. In so agreeing, the Governor violated the Oregon Constitution’s Article XV, section 4(12) (formerly section 4(7)) prohibition against casinos and the Article III separation of powers provisions. This action seeks to reverse those actions.

II. FACTUAL SUMMARY
A concise statement of facts is fully set forth in the Alternate Writ of Mandamus. This memorandum adopts and incorporates by reference facts stated therein. This memorandum makes use of terms defined therein.

III. ARGUMENT

A. The Governor’s Execution of the Compact Violates Oregon Constitutional Prohibitions Against Casinos and the Constitutional Separation of Powers.

1. The Governor has Violated Oregon’s Constitutional Prohibitions Against
Casinos The Oregon Constitution requires legislators to prohibit casinos. Article
XV, section 4(12) provides that, “the legislative assembly has no power to
authorize, and shall prohibit, casinos from operation in the State of Oregon.”
Under Oregon law, the Tribe’s Proposed Casino comes within the scope of the
meaning of “casinos“ as set forth in the Article XV, section 4(12) and in Oregon
case law. See Ecumenical Ministries of Oregon v. Oregon State Lottery Commiss. 318
Or 551, 561 - 562, 871 P2d 106 (1994) (casinos are establishments where gambling

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