Legal Opinion · Concurrence

Jewett v. Yerkovich

Court of Appeals of Oregon

Decided October 29, 1976No. A76-09-12444, CA 7005Published

1ConcurrenceFort, J.

I concur with that portion of the majority opinion which holds that the statement of contributions required by the ordinance was timely filed within the intendment of ORS 254.600. For the reasons hereinafter stated, I would not reach the remaining issues.

ORS 28.100 provides:

"When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the valid*135ity of a municipal charter, ordinance or…

2Cases cited9 opinions

  1. Stanley v. MuellerOregon Supreme Court · 1957
  2. State Ex Rel. Carson v. KozerOregon Supreme Court · 1928
  3. Koch v. Southern Pacific Transportation CompanyOregon Supreme Court · 1976
  4. State Ex Rel. v. NEWBRYOregon Supreme Court · 1950
  5. Unlimited Progress v. City of PortlandOregon Supreme Court · 1958

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