Legal Opinion · Concurrence

Brown v. Portland School District No. 1

Oregon Supreme Court

Decided May 27, 1981No. CA 17422, SC 27366Published

1Concurrence

TONGUE, J.,

specially concurring.

I concur in the result reached by the majority, but for a different reason. In my opinion, plaintiffs complaint was sufficient to entitle him to offer evidence in support of his contention that defendants had accepted the notice mailed to them and had waived any defect arising from the fact that the notice had been sent by regular mail, rather than by certified mail.

One of the issues on which the parties are in disagreement is whether defendants, as municipal corporations, could waive the defect in the mailing of the notice by *86regular mail, instead of by…

2Cases cited14 opinions

  1. Brennen v. City of EugeneOregon Supreme Court · 1979
  2. Mezyk v. National Repossessions, Inc.Oregon Supreme Court · 1965
  3. Perkins v. Standard Oil Co.Oregon Supreme Court · 1963
  4. Rich v. Tite-Knot Pine MillOregon Supreme Court · 1966
  5. Ross v. RobinsonOregon Supreme Court · 1944

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