Ettner v. City of Medford
Court of Appeals of Oregon
1ConcurrenceDe Muniz, P. J.
I agree with the majority’s holding. I also agree that plaintiff is entitled to prevail in this appeal either if the writ of review is not an “available” remedy, or, even if it is available, it is not an exclusive remedy that precludes this action under ORS chapter 659. I am of the view that the second question is the more important one for purposes of clarifying *440this area of the law and that the answer to it is far clearer than the answer to the first. Because I conclude that the writ of review cannot be plaintiffs exclusive remedy here, I reach the same result that the majority does for…
2Cases cited4 opinions
- Shockey v. City of PortlandOregon Supreme Court · 1992
- Koch v. City of PortlandOregon Supreme Court · 1988
- Decker v. ClarkCourt of Appeals of Oregon · 1989
- State ex rel. Parmenter v. Wallowa County CourtCourt of Appeals of Oregon · 1992