Aplanalp v. State Ex Rel. Oregon Board of Optometry

Plaintiff, a licensed Oregon optometrist practicing in Multnomah County, filed a petition for review of actions of the Oregon State Board of Optometry (hereafter called Board). A demurrer to his petition was sustained and he thereupon filed an amended pleading seeking declaratory relief to which a demurrer was also sustained. When he refused to plead further an order of dismissal was entered and it is from this order that he appeals, challenging the court’s rulings on both his first and his second pleading.

The basic question presented by this appeal is: When a dispute exists between a…