An email appeared in my box yesterday containing a copy of an October 18, 2010 order from the Oregon Court of Appeals directing the Arken case (and, by implication, the Robinson Case) directly to the Oregon Supreme Court. The Arken/Robinson cases were argued before the Oregon Court of Appeals last month. Instead of ruling on those appeals, the Oregon Court of Appeals wisely decided to fast-track them to the Supreme Court without taking a time for a ruling. They reasoned that both cases pertain to the Supreme Court's own ruling in Strunk and the City of Eugene. Since the Oregon Legislature directed appeals of the Legislative assembly's statutory changes in HB 2003 directly to the Supreme Court, and since these two cases fall directly out of those challenges, the Oregon Court of Appeals felt that the only proper jurisdiction for these cases was the Oregon Supreme Court itself.
I regard this as good news, as it expedites (I hope) the process of litigating these cases. While I still hold to my original prediction of 2012, I am willing to assume that the decision will come sooner in 2012 than I had expected. I don't if there is any more to do with the Oregon Court of Appeals (the White case remains there, but it has a different set of judiciable issues), but I think it is safe to assume that nothing further will be done with Arken and Robinson until the hearings before the Supreme Court, and awaiting the Court's decision. The parties to all the cases will now have to prepare all the appropriate briefing materials for the OSC.
If you want to see a copy of the court's ruling, it should be posted at the PERS Library soon.