Legal Opinion · Concurrence

Wied v. Marion County

Court of Appeals of Oregon

Decided November 10, 1975No. 83343, CA 4148Published

1Concurrence

SCHWAB, C. J.,

specially concurring.

I concur in the result. I do not concur in some of *293the language in the majority opinion, nor the reasoning by which the result is reached.

I think the first issue should be whether the specific provisions of ORS ch 241 governing judicial review of civil service commission decisions were intended to displace more general statutes, for example, those in ORS ch 34 creating writ of review jurisdiction. Under the rule that specific statutes prevail over general ones, ORS 174.020, .it would appear that this question should be answered in the affirmative.

The next…

2Cases cited4 opinions

  1. Boyle v. City of BendOregon Supreme Court · 1963
  2. Lines v. City of MilwaukieCourt of Appeals of Oregon · 1973
  3. District Court v. Multnomah CountyCourt of Appeals of Oregon · 1975
  4. Voss v. City of RoseburgCourt of Appeals of Oregon · 1975

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