Burt v. Blumenauer

Defendants petition for reconsideration, ORAP 10.10, of our decision in this case, 84 Or App 144, 733 P2d 462 (1987). We allow reconsideration and adhere to our former decision as modified and clarified by this opinion.

The trial court held that a taxpayer action brought under ORS 294.100 is a tort claim subject to the Oregon Tort Claims Act (OTCA), ORS 30.260 to ORS 30.300, and then granted defendants’ ORCP 21 motions to dismiss on the ground that plaintiff had failed to comply with the notice requirements of OTCA. We reversed, in part by applying specific language of a 1985 amendment to ORS…