Legal Opinion · Dissent

City of Roseburg v. Roseburg City Firefighters, Local No. 1489

Oregon Supreme Court

Decided December 29, 1981No. C-28-80, CA 18932, SC 27638Published

1DissentTongue, J.

I dissent from the opinion by the “majority”1 because it does not properly apply the new “criteria” adopted by this court in LaGrande/Astoria v. PERB 2 for application in “home rule” cases. Instead, the “majority” has gone far beyond those “criteria” and has based its decision on new grounds which make meaningless the LaGrande/Astoria distinction between matters of “procedure” and those of “substance.” Of more importance, these new grounds, as adopted by the “majority” as the basis for its decision, also have the effect of largely destroying any remaining area in which the power of “home…

2Cases cited24 opinions

  1. Fasano v. Board of County Com'rs of Washington Cty.Oregon Supreme Court · 1973
  2. City of La Grande v. Public Employes Retirement BoardOregon Supreme Court · 1978
  3. Glass v. SmithTexas Supreme Court · 1951
  4. City of La Grande v. Public Employes Retirement BoardOregon Supreme Court · 1978
  5. Collins v. City & County of San FranciscoCalifornia Court of Appeal · 1952

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