Brooke v. Mt. Hood Meadows Oreg., Ltd.

In their petition for reconsideration, petitioners contend that in our former opinion, 81 Or App 387, 725 P2d 925 (1986), we did not correctly apply the standard of review on an appeal from a denial of a judgment on the pleadings, citing Salem Sand v. City of Salem, 260 Or 630, 492 P2d 271 (1971). That case holds that the motion may be allowed when the pleadings taken together affirmatively show that the plaintiff has no cause of action against the defendant.

The most notable omission from petitioners’ petition is any discussion of the pleadings. Instead, they discuss evidence from which one…