Allison v. Washington County

THORNTON, J.,

specially concurring.

I concur in the result reached in the prevailing opinion, but find myself in sharp disagreement with much of the reasoning by which the court arrives at that result. I particularly do not concur in the analysis of the decisions of our Supreme Court which is proffered in support of the conclusion that our previous decision in Tatum v. Clackamas County, 19 Or App 770, 529 P2d 393 (1974), was in error and must be overturned.

I

First of all, the court’s interpretation of Art IV, § 1(5), Oregon Constitution,1 is directly contra to what has been (with one possible…