Henthorn v. Grand Prairie School District, No. 14

This matter is before us on remand from the Supreme Court pursuant to its decision (287 Or 683, 601 P2d 1243 (1979)) that this com! was wrong in holding that the circuit court had no jurisdiction under ORS 342.835(3) over plaintiffs writ of review proceeding. 39 Or App 351, 591 P2d 1198 (1979). That is, the Supreme Court held that a writ of review under ORS 34.040 is the "appeal” intended by ORS 342.835(3). That "appeal” is limited, however. The court said:

"*** [I]n view of the express limitations imposed by ORS 342.835(3) upon any 'appeal’ from such a hearing, the scope of review under a…