Legal Opinion · Dissent

Lake Oswego Review, Inc. v. Steinkamp

Court of Appeals of Oregon

Decided March 7, 1984No. CV 82-7052; CA A28122Published

1DissentRossman, J.

I respectfully dissent from the majority opinion for two reasons: (1) I believe ORCP 7 authorizes service of summons by mail on individual defendants; (2) defendant received actual notice, which is sufficient under ORCP 7G.

The majority has very carefully set out the controlling provisions of ORCP 7; so, with few exceptions, I will not duplicate that effort. A thorough reading of those provisions discloses that the words “may” and “shall” appear throughout ORCP 7D. Ordinarily, “may” is employed to mean permissive and discretionary action; but it can also mean mandatory action. In re People’s…

2Cases cited7 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. United States v. RandsSupreme Court of the United States · 1967
  3. Perez v. State Farm Mutual Automobile InsuranceOregon Supreme Court · 1980
  4. In Re Board of Directors of Tillamook People's Utility DistrictOregon Supreme Court · 1938
  5. Business & Professional Adjustment Co. v. BakerCourt of Appeals of Oregon · 1983

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