Lines v. City of Milwaukie

I would reverse and remand with instructions to review the case in accordance with the standards for judicial review specified in ORS 242.804 (3).①

As the majority opinion points out, all the parties, as well as the court, ‘got off on the wrong foot’ in this ease by erroneously assuming that the review was to *297be accomplished pursuant to chapter X, § 68, of the Milwaukie City Charter, rather than OES 242.804.

Under OES 242.804 (3), the circuit court, in reviewing the matter, is limited to conducting a summary hearing to determine “whether the order of * * * discharge * * * made by the commission…