State Ex Rel. City of Powers v. Coos County Airport District

I agree with the majority’s holdings in this case. I write separately because I believe the majority’s reasoning about whether a declaratory judgment proceeding under ORS chapter 28 is an available remedy to challenge the formation of an airport district under ORS 198.785 is flawed. I will first discuss my disagreement with the majority’s reasoning, followed by what I believe to be the proper analysis.

ORS 198.785 provides, in relevant part:

“(1) If the county clerk refuses to accept and file a petition for formation [of an airport district] or for change of *244organization, or if the county board…