J. Gregcin, Inc. v. City of Dayton

This is an action for damages asserted under ORS 30.260 to 30.300 (Tort Actions Against Public Bodies). After a jury had been empanelled the trial judge sustained a demurrer to plaintiff’s amended complaint. The Court of Appeals reversed, J. Gregcin, Inc. v. City of Dayton, 39 Or App 743, 593 P2d 1231 (1979), and we granted review, ORS 2.520, 286 Or 745 (1979). We have since concluded on our own motion that the Court of Appeals had no jurisdiction of the cause and that it must be remanded to the circuit court for further proceedings.

After argument on the demurrer the trial judge orally…