Legal Opinion

Wallace v. State ex rel. Public Employees Retirement Board & Public Employees Retirement System

Court of Appeals of Oregon

Decided August 10, 2011No. 08C10873; A141065PublishedCited by 2 opinions

1Opinion of the CourtArmstrong, J.

Plaintiff appeals a judgment that dismissed his claims against defendant, raising three assignments of error.1 We write to address only one of his assignments, viz., that the trial court erred in dismissing six of plaintiffs seven claims for relief for lack of jurisdiction. The court concluded that it lacked subject matter jurisdiction over those claims because plaintiff had begun but not completed a contested case proceeding under the Oregon Administrative Procedures Act (APA), ORS 183.310 to 183.690, that challenged the legality of the state agency actions that formed the basis of…

2Cases cited18 opinions

  1. McCarthy v. MadiganSupreme Court of the United States · 1992
  2. Outdoor Media Dimensions Inc. v. StateOregon Supreme Court · 2001
  3. Bay River, Inc. v. Environmental Quality CommissionCourt of Appeals of Oregon · 1976
  4. Burke v. Children's Services DivisionOregon Supreme Court · 1980
  5. Boise Cascade Corp. v. Board of ForestryOregon Supreme Court · 1997

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3Cited by2 opinions

  1. Wallace v. STATE EX REL. PERBCourt of Appeals of Oregon · 2011
  2. Seeley v. Public Employees Retirement BoardDistrict Court, D. Oregon · 2025

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