Legal Opinion · Dissent

State Ex Rel. Kirsch v. Curnutt

Oregon Supreme Court

Decided July 1, 1993No. CC 87 CV 0061-33; CA A67772; SC S39484Published

1DissentGraber, J.

I respectfully dissent. The majority reaches what it believes to be the preferable result in this case, but it does so at the expense of this court’s recognized method of analyzing statutes.

BACKGROUND

ORS chapter 198 establishes procedures for the formation and organization of 24 types of districts, including health districts authorized under ORS chapter 440. ORS 198.010(10). At issue in this case is the meaning of ORS 198.720(2), which states:

“Except as otherwise specifically provided by the principal Act:
“ (2) A district may not include territory included within another district formed under…

2Cases cited7 opinions

  1. Bartz v. State of OregonOregon Supreme Court · 1992
  2. Sanders v. Oregon Pacific States InsuranceOregon Supreme Court · 1992
  3. Rathfon v. Payette-Oregon Slope Irr. DistOregon Supreme Court · 1915
  4. Landis v. City of RoseburgOregon Supreme Court · 1966
  5. Priest v. JamesOregon Supreme Court · 1928

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