City of Fairview v. Portland Metropolitan Area Local Government Boundary Commission

Plaintiffs appeal from the trial court’s dismissal of this declaratory judgment action. The basis for the trial court’s ruling was that the action is, in effect, a proceeding to review an order of the defendant Boundary Commission and that this court, rather than the circuit court, has jurisdiction to review such orders. ORS 199.461(4); see Consolidated Metco. v. City of Portland, 68 Or App 395, 681 P2d 1184, rev den 297 Or 824 (1984).

The controversy that gave rise to this proceeding is the same as that in Mid-County Future Alt. v. Port. Metro. Area LGBC, 72 Or App 235, 695 P2d 937 (1985),…