Legal Opinion · Dissent

City of La Grande v. Public Employes Retirement Board

Oregon Supreme Court

Decided January 31, 1978No. TC 22993, CA 5943, SC 25230; TC 29437, CA 6129, SC 25230Published

1DissentTongue, J.

I agree that, as a general rule, dissenting opinions should be restrained and respectful. It is difficult to do so, however, when, because of a purely fortuitous change in the membership of this court, there is now a majority which, by a margin of one vote, has prevailed by an opinion which:(1) Drastically upsets the long-existing balance of power between Oregon cities and the state legislature in the critical area of "home rule” by abandonment of the long-established concept that the "home rule” amendments to the Oregon Constitution granted to Oregon cities exclusive power to legislate as to…

2Cases cited46 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Roe v. WadeSupreme Court of the United States · 1973
  4. United States v. O'BrienSupreme Court of the United States · 1968
  5. Shapiro v. ThompsonSupreme Court of the United States · 1969

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