Nelson v. Roberts

In this ballot title case, petitioner Nelson seeks reconsideration and modification of our prior opinion. See Nelson v. Roberts, 308 Or 417, 781 P2d 344 (1989). We grant reconsideration and modify our prior opinion in the manner specified below.

The facts, the interests of the parties and the issues involved are set out in our prior opinion and will not be repeated here. The only issue petitioner now brings to us concerns the ballot title caption we certified to the defendant Secretary of State. The caption provided:

“PERMITS PHASED REDUCTION OF GRASS SEED FIELD BURNING WITH EXCEPTIONS”

In our…