ROBERT RANDALL COMPANY v. City of Milwaukie

Plaintiff brought this action under the Oregon Tort Claims Act, ORS 30.265 et seq., alleging that defendant tortiously delayed the processing of plaintiffs building permit application until defendant established a Design Review Committee, which delay resulted in pecuniary damage to plaintiff. Defendant demurred on the ground that the action was "discretionary” within the meaning of ORS SO^dSiSXc), 1 for which the city is immune from tort liability. The demurrer was sustained, plaintiff failed to plead over, and the complaint was dismissed. 2 Plaintiff appeals, assigning as error the trial…