Legal Opinion

Graziano v. City Council of Canby

Court of Appeals of Oregon

Decided July 18, 1978No. 76-8-207, CA 9002PublishedCited by 7 opinions

1Opinion of the Court

*273SCHWAB, C. J.

This is a writ of review proceeding in which petitioner challenges his discharge from the position of chief of police by the respondent city council. Petitioner appeals from an order of the circuit court dismissing the writ, contending that he enjoyed tenure-type protection in his position, and thus should have been — but was not — afforded a due process hearing on the cause for his discharge. We conclude that this claim is not cognizable in a writ of review proceeding.

A writ of review can only be used to challenge the "judicial or quasi-judicial” decision of a tribunal. ORS…

2Cases cited6 opinions

  1. Curly's Dairy, Inc. v. State Department of AgricultureOregon Supreme Court · 1966
  2. Union Pacific Railroad v. BeanOregon Supreme Court · 1941
  3. Joyce v. City of PortlandCourt of Appeals of Oregon · 1976
  4. Northwest Environmental Defense Center v. Mid-Willamette Air Pollution AuthorityCourt of Appeals of Oregon · 1974
  5. Gunsolley v. BushbyCourt of Appeals of Oregon · 1974

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3Cited by7 opinions

  1. Sherris v. City of PortlandCourt of Appeals of Oregon · 1979
  2. Koch v. City of PortlandCourt of Appeals of Oregon · 1987
  3. Jordan v. City Council of City of Lake OswegoCourt of Appeals of Oregon · 1980
  4. 1448 28th Avenue, LLC v. City of PortlandCourt of Appeals of Oregon · 2025
  5. Forman v. Clatsop CountyOregon Supreme Court · 1984

2 more not listed; retrieve them via the Exa API.

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